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Generally, the answer is no, if you are looking to sue your employer, and yes, if you are looking to sue an outside party. The exclusive remedy doctrine (which is one of the core principles of the workers' compensation system) states that, with a very few exceptions the workers' compensation system is the exclusive remedy injured employees have to receive compensation for their injuries, and they may not both receive workers' compensation benefits and sue their employer. Exceptions may exist where the employer is found to have shown gross negligence that contributed to the injury. If a party other than your employer is At Fault for the injury, the injured employee would still be able to sue the responsible party while receiving benefits from your employer's workers' comp carrier. For example, if a Pizza delivery driver is in a motor vehicle accident for which the other driver is at fault, he could still recover benefits from the responsible driver and/ or her auto insurance carrier, in what is known as a 3rd party suit. The workers' compensation carrier would expect to receive a share of any settlement, however, based on the medical and income benefits that they have paid on the injured workers' behalf.
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Can an employee involved in a workers comp case also file a civil suit against his Employer?
Most states don't allow you to file a suit if they have works comp. Workers compensation is an insurance to guard the company from claims of injury. Now you can how ever fight for benefits from the workers comp company. If the company knew of unsafe practices, equipment ect and a reasonable person would deem that the issue would lead to injury but the company disregarded it then you could sue the company.
What is the requirement for a brain injury law suit?
"The specific requirements for a brain injury law suit vary from case to case, state, and court district. The one requirement is that the person who is suing has a brain injury."
What can be done to prevent a personal injury malpractice suit?
One can prevent a personal injury malpractice suit by speaking with a personal injury lawyer to help protect your rights. It is beneficial to have someone that will work on your behalf instead of trying to deal with insurance companies and thus preventing a person injury malpractice suit.
Can you sue a job for an injury because they did not show you proper procedure for your job at hand?
If you mean an EMPLOYER (you can't sue a job), then the answer is simple: If the employer allows you to receive workers comp benefits for your injury, then employer negligence is irrelevant, no suit is possible against the employer.
Is a suit for sexual harassment considered a personal injury suit?
yes
How much money should you get from lawsuit for getting hurt on the job?
A typical award in a successful worker's comp suit would pay all medical bills and other expenses that you incurred due to the injury as well as reimburse you for any lost wages due to the injury. In some severe cases, you may be able to recover pain and suffering damages, particularly if it was a really horrible injury or if you are permanently affected by it.
What is release of tortfeasor?
A technical defense that prohibits a lawsuit against the person who caused an injury (the tortfeasor) if he or she was expressly released from further liability in the statement of a suit.
Will my personal injury settlement be taken by by judgments owed on my credit?
Can money from personal injury suit be taken from a creditor
How much can someone get in NJ under a workers comp suit for a lost finger?
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Is the money you get from winning a law suit taxable?
This would depend on what the reason for the suit is and what payments are made for. If, for instance the suit was for unpaid wages, then the direct payments demanded by the court for wages would be taxable, as would interest allowed by the court. If a suit was for damages such as an injury to a person in an automobile accident then the award would not be taxable. Worker's Compensation payments are also an item that is not taxable.
What is the statute of limitation of a bodiliy injury claim in Virginia?
The statute of limitations for a personal injury suit in Virginia is two years with the discovery rule.
What kind of lawyer do you need if your hair was burned at a salon?
That would be a personal injury law suit. These civil cases are handled by personal injury lawyers.
