Can I still sue for personal injury if I get workers compensation?

Question

I was exposed to Chlorine gas. In turn it burnt my Lungs. I took the settlement they offered, plus medical for life. And one big argument about all the time.

Thomas Bulman · Answer

Probably not.  Who created the chlorine gas cloud?  Have you returned to work?  Can you prove a permanent reduction in your lung function?

Steven D. Dunnings · Answer

No.

A. Woska · Answer

Good question for today.  Plaintiff was hurt in a chlorine gas spill while at work and asks if he can now sue the manufacturer for the injuries in court.  Workman's Comp Court is your only jurisdictional remedy with your employer BUT only the employer. You may have claims against third parties making and selling the dangerous liquid with viable claims in court. Meet with a lawyer as soon as possible to avoid losing your rights as barred by the statute of limitations.

Andrew Velonis · Answer

You can't sue your employer, but it might be possible to find another potential defendant:  The manufacturer of the gas, the company that bottled it, the manufacturer or maintenance company of the equipment that was used to handle it, those are some possibilities, but there would have to be investigation as to how the exposure came about and what should have been done to prevent it.

Lawrence Ramunno · Answer

You could have a 3rd party claim. You should discuss with a lawyer that handles this type of claim.

James Kelaher · Answer

If you elected workers' compensation, then you cannot sue your employer in tort. However, if the chlorine gas exposure came as the result of the negligence of some other individual or company, there is a possibility that you may be able to pursue that person or company. Ask the lawyer who handled your comp claim.

Earl Straight · Answer

You cant sue your employer with whom you made the workers compensation claim.  If the exposure to the chlorine gas was caused by a third party, someone besides your employer, you can still sue said third party for your injuries.

Josh Lamborn · Answer

You cannot sue your employer if you are injured on the job and your employer is covered by worker's compensation.  You can however sue any third party that may have some responsibility for your injury.  If, for example, the company who supplied the tanks that held the gas installed the tanks improperly, then you can sue them for your injuries, including any pain and suffering, which you are not eligible to collect under worker's compensation.  Be sure to look into this asap as there is a statute of limitations on personal injury cases.  If you fail to file a lawsuit within the time outlined in the statute, you will lose your right to recover.

Thomas Patton · Answer

You can only sue for personal injuries if there was a third party. In your case, therefore, the chlorine gas exposure would have to be the result of a faulty valve (third-party manufacturer liability), an outside contractor, or virtually any one than a co-worker.

Paul Whitfield · Answer

You can sue a third party but not your boss.

Bernard Huff · Answer

It depends on who you want to sue, your employer or someone else.You should familiarize yourself with your company's worker's compensation policy and the terms of your settlement with your employer.

Kevin Habberfield · Answer

Sorry to hear about your incident. To answer your question - Yes, there is no election of remedies with regard to workers compensation and personal injury claims. That means, you do not have to choose one or the other and can pursue both. If there is a party that is to blame for your exposure to the gas other than your employer, you may be able to pursue a third party case (personal injury claim) against that party. You should contact an attorney in your area immediately so this can be investigated. Keep in mind, however, that if you do pursue a personal injury claim and are successful, any settlement or verdict you get will be subrogated by the workers compensation carrier.  This means, that workers compensation will seek to be paid back 2/3 of the money they shelled out in your settlement from you because your injuries were caused by someone other than your employer.

Lyle Masnikoff · Answer

Depends on the state and who you are suing. In Florida, you would only be allowed to see the manufacture of the chemical or some other 3rd party who caused your problems but not the employer.

Jared Altman · Answer

If anyone other than your employer or a co-employee of the same employer can be blamed then you have what is called a "third party claim" which us where the serious money is.

Ronald Lowry · Answer

If the chlorine inhalation incident occurred on the job but was caused by someone other than your employer or a co-worker, you can still sue the person or entity that caused the chlorine to injure you. You cannot sue your employer or a co-worker, however.

Gary Burger · Answer

Yes you can.  May have a claim against the person or their employer who exposed you.  If no one else liabile may not have a viable claim.

Joseph Lipsky · Answer

If you were injured due to the negligence of your employer or a co-worker, then you are limited to the benefits of the workman's compensation insurance.  However, if your personal injuries were caused by someone who does not work for your employer, then you be able to bring a personal injury claim.

New User · Answer

You cannot sue your employer. You can sue a third party, if someone other than your employer was at fault.

Steven Fink · Answer

You cannot sue your employer for your injuries as workers comp is the exclusive remedy.  You can sue other parties that may be responsible.

Timothy Klisz · Answer

No, generally workers compensation is an exclusive remedy for work injuries.

Marty Judnich · Answer

That depends on the negligence of the responsible party. If it was the fault of just your employer, just workers comp. If there is a third party responsible, you may have additional claims.

Robert Lucky · Answer

In Louisiana your exclusive remedy when involved in a work -related incident with no third party liability is workers compensation. You are unable to sue your employer for personal injury if injured in the course and scope of your employed, unless some very limited exceptions apply. Please contact my office to discuss further.

David Van Sant · Answer

Yes, so long as someone else, other than a coworker or your employer was responsible for your injuries.

Russell Gray · Answer

If you were injured on the job and the injury was the employer's fault,  your only recourse is through the workers compensation system.  If you  can show that it was the fault of someone other than your employer or  co-worker, then you might have a case against the party responsible for the injuries.

Matt Willens · Answer

Yes.  An injured worker could have the right to receive additional monetary damages in the form of a "Third Party" lawsuit if the facts and circumstances of the accident establish that a Third Party other than their employer or a co-worker is responsible for the accident. If a worker is injured on the job as a result of someone else's negligence or fault other than their employer or a co-worker, they can have both types of cases, i.e., a workers' compensation case and a third party case.

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