Do I have legal recourse besides workers compensation?

by Anonymous

I informed my employer I was unable to lift heavy objects but was told tough, it was part of the job. But I was never informed of the lifting involved. Also, I had a doctor's note stating no lifting over 20 lbs. My job and medical benefits were threatened if I did not lift the heavy objects. As a result of this, I now have two herniated discs which may require surgery!

Do I have any further legal recourse for being injured on the job (beyond receiving workman's comp, which I am already getting)?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Do I have legal recourse besides workers compensation?":

Your exclusive remedy is workers compensation. Any time a person is injured in the scope of their employment, these injuries lie within the ambit of workers compensation law. Now, what you may not realize is that when an employer is negligent or fails to make reasonable accommodations after they have been notified of a disability or limitation, you can actually seek punitive damages against that employer.

So, while you are limited to workers compensation, you are permitted to seek punitives which can be as much as three times your settlement, as a result of the willful negligence of your employer.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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