If injured at work do you have a leagal standpoint to sue for not providing duty of care?
I was injured at work and a week after the injury l was sacked. Do l have a legal right to sue for failing to provide Duty of care from my previous employer. What other legal avenues have I got apart from compensation (work cover).
Answers:
Glen welcome to my world, had a similar incident a year ago. If you are in Australia you will need to consult with a Work Safe representative in your state, also is there a written record of the incident stating when, where and how it happened and do you have witnesses who can vouch for you in stat declaration format.
You can contact your state work safe authority via the net, as I don't know which state you may be better off going down this avenue.. if you wish you can email me and I can do some research for you but you will still have to contact a representative yourself in the end.
You need to talk to your worker's compensation attorney. (I am assuming that this is in the U.S.). In most states, it is illegal to fire someone in retaliation for filing a worker's compensation claim. Admittedly, a claim of retaliation is not the easiest to prove, but you need to talk to someone experienced in this area to determine your options.
The previous answer, plus. . . most states' workman's compensation statutes provide that they are the exclusive remedy for the employee, unless the employer's conduct was intentional. Usually, intentional is approximately equivilent to a punch in the face for the purpose of workers comp.
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