General Question

angelcarehelp's avatar

Can i sue my employer?

Asked by angelcarehelp (1points) September 25th, 2009

I help the elderly at home with there needs. While at a customers home I received a Recluse spider bite and had to be admitted to emergency for treatment. My employer stated it was not responible to help me with my medical bills. Do I have any rights in persueing this matter?

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8 Answers

holden's avatar

You should refer to the waivers you signed upon employment within your company. You may have signed away your employer’s responsibility to your personal safety.
Sounds like a losing case, IMHO. I’m sure there was some clause tucked in your contract that waived responsibility. If they footed the bill for every injury received on the job they wouldn’t be in bussiness.

The_Compassionate_Heretic's avatar

Is it your employers fault you got bit?
Doubtful.

Also suing your employer will create big hardships for the elderly people you work with.

RedPowerLady's avatar

Does your employer/insurance have an EAP (employee assistance program)? They may be able to help you figure this out. There job is to help with all kinds of issues like this and most employers have an EAP now, it’s just not always well advertised.

kevbo's avatar

Injury on the job is workers compensation territory. Contact your state’s worker’s compensation board to determine whether your employer is liable and what steps you need to take. I’m not sure if you are considered an employee or a contractor and that might matter.

juwhite1's avatar

Please trust me on this response…
You cannot sue them for this, however, you can, and should, file a workers compensation claim. Workers Compensation legislation was passed for the purpose of keeping work place injuries out of the court system. Employers are required to have workers comp insurance on you, unless you are a contractor, and not an employee. If they don’t allow you to file the claim, you can report this. Depending on the state you are in, the reporting rules are different, and you may actually be able to sue them for failing to allow you to file the claim. Most states limit the time during which you are allowed to file this claim. You need to talk to your Human Resources department immediately. Let them know you were told (by whoever told you) they wouldn’t help with the medical bills, and were not given a first report of injury form when you asked. If the HR dept. actually told you they aren’t responsible, definitely report to your state.

juwhite1's avatar

I can’t help it… Employers may not bind employees to agreements waiving the employer’s responsibility for workplace safety. This is extremely heavily regulated by OSHA, and any injury is covered by workers compensation. Asking an employee to sign a waiver of their personal safety rights is the equivalent of creating proof that an employer is breaking the law. No employer with any knowledge, ethics, or competence whatsoever would create a contract like that, and even if you could find an employer that stupid, the contract would be illegal on its face, and therefore unenforceable.
Fault doesn’t matter in workers comp claims (or any workplace injury). Even if someone is hurt through their own negligence and violation of safety policies, workers compensation must pay the claim. There are even cases of people intentionally hurting themselves at work, and some rare workplace suicide cases, that the workers comp insurance had to cover.
EAP’s cannot and do not address issues related to workplace injury. They handle the personal issues in employees lives. Employers reap the benefit of a more stable workforce, so they are willing to pay for employees to get assistance with financial problems, drug addictions, alcoholism, family discord and divorce, depression, etc. EAP’s are primarily for mental health and counseling issues, and sometimes include financial counseling as well. They can never address injuries.

RedPowerLady's avatar

@juwhite1 As I understand it the EAP also handles workplace mediation which may be what is needed (or I saw that on my EAP flier anyhow, the extent of what I know about the program). Of course I defer completely to your understanding as you quite clearly have a better understanding than I do. Your answer was excellent.

jca's avatar

when you go to hospital or doctor, you should inform them that it’s a workmen’s comp claim and you can forward them the claim number or whatever in the near future. if for some reason it’s not covered, you will just owe them.

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