Visitor Question

Can I file a personal injury lawsuit against my boss?

Submitted By: Emily (Fort Collins, Colorado)

I told my boss my lab stool was broken and she said she would not replace it. Two weeks later the chair fell apart when I went to sit down and I was injured. I am now suffering from a major concussion and back and neck pain. I need to have injections into my spine and other very painful treatments.

My boss is now making work life hell for me trying to get me upset and quiet. She has taken away my medical benefits with no notice, and is refusing to offer me the same benefits she has given other employees in my position.

Can I file a personal injury lawsuit against my boss for causing my injury? Is there anything else I can do? Thanks.

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 Emily,

You refer to your boss as the responsible party.

The responsible party is usually the company for which you work. Unless your boss is the owner of the business you really don’t have a sufficient claim against him personally.

The facts you present portray an extreme reaction from your boss. It’s difficult to understand why she would react so extremely to your injury. There must be some additional facts related to your boss’s actions. Understanding why your boss would take away your medical benefits is confusing.

If you work for a company it is very unusual for the company to take away an employee’s benefits while still allowing the employee to remain at their job. You can file a personal injury claim for the amount of your medical bills, your out of pocket expenses such as prescription and over the counter medications, your lost wages, and an amount for pain and suffering.

In your extreme case it might not be a bad idea to seek the advice and counsel of a personal injury attorney. Most will not charge for an initial office consultation.

That way you can present all the facts and receive the best advice possible.

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: November 2, 2011

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