That all depends on who is at FAULT in this case,and depending on what state you reside and work in. In Texas an employee can only sue an employer only IF (and I mean IF) you were quot;injuredquot; on the job and quot;clockquot; and the employer HAS NO WORKERS COMPENSATION (under Texas state labor law), than you would be able bring suit against the employer under what is called quot;common tort lawquot;. In Texas YOU CAN NOT SUE an employer or hold the employer quot;liablequot; for quot;self-inflictedquot; injuries in the course of employment, or in, on, company property, vechiles.etc. In Texas if the employer HAS WORKERS COMPANSATION you have a choice to either quot;collectquot; workers compansation or you can file suit against your employer,YOU CAN NOT DO BOTH!(under Texas state labor and state laws) Also in order for your case to go to quot;trialquot; in alot of states including Texas,YOU HAVE TO PROVE that there is what is called in the trade as quot;gross negligencequot; on be-half of the employer.But like wise the employer could pull an quot;ace there sleevequot; and prove that they are NOT LIABLE for such quot;tortquot;. The laws VARY depending on certain states in cases like these, for example under the state of Maine law an employer is NOT LIABLE for injury or death to an employee in the workplace and under Maine law YOU CAN NOT SUE an employer for injuries or death,but in New Hampshire the labor laws in New Hampshire are the same as Texas laws, but with different simularities.I am originally from Connecticut and Connecticut law you CAN sue an employer if the employer is quot;negligentquot; and even after you had collected workers compansation you can file suit againt the employer, under Connecticut law a suit can be filed against the employer within I believe 5 years from the date of your injury or death. (I am not sure,but do not quote me) but there is a statue of limitations on such suites. Also one more thing in certain states there is what is called in the trade as a quot;liability capquot; which there is a limit on quot;damagequot; awards and also depending on how the company is quot;namedquot; such as Co.,Inc.,or LLC.may play a vitle role in your case against a company. LLC means Limited Liability Company for example means quot;just thatquot; limited liability on lawsuits. Plus to let you know most states have what is called a quot;piggy-backquot; clause which means that if YOU RECEIVE any monatary compansation YOU quot;WAIVEquot; your right(s) to any and all future lawsuits against a quot;partyquot; in the suit. I hope I have helped you answer your question and I am sorry if I sounded quot;roughquot; but I hope you understand. I wish you good luck and quot;take carequot;
Dude! I think you have it wrong there! If you were injured at work, your lawyer will claim against your employers insurance company. You don t say which country you are in, but in the UK, all employers must have Employers Liability insurance. It is the insurance that pay, but it will be your employer that you lawyer is suing. www.pinto potts
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