Visitor Question

Fractured Wrist at Work…

Submitted By: Terri (Kansas City, MO)

I tripped walking due to someone else pushing a cart down an aisle at work and started to fall, catching myself and jammimg my hand on the belt line, causing my wrist to fracture. They are treating me pretty good and found a job for me that you can use one arm.

My question is, can I sue for the inconvenience since I can’t re-do my driveway or put up my pool (because I’d need both hands)? It’s pure inconvenience but I’d like to get something for my injuries.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Terri,

Terri:

Regrettably “inconvenience”

is not an item which is recoverable through the legal system. Choosing to accept assistance from your employer does

not preclude you from suing them. To prevail though there must exist employer negligence and actual damages.

In most cases an employer must carry Workmans Compensation insurance. If your employer was one of those who did, private litigation would normally be legally impermissible.

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

Best of luck,

Published: April 30, 2011

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