My friend was injured at work, if she sues will she lose her job?
My friend was injured at work. She works at a hospital, and she slipped on a wet floor, fell, and hit her head. There was no sign indicating the floor was wet. She had to get 3 staples in her head and has a concussion. She is unable to work right now because a nerologist said she has post concussion syndrome. Even though, she has the proper information for workers comp..they are stalling to give it to her. She is very angry and is always talking about suing. I want to know if this is a good thing to do. It was an accident and I worry if she tries to sue she would lose her job or something. Is it wise for her to proceed? Could she lose her job by suing the hospital she works for? She cannot afford to not have this job, she is a medical secratary.
Answer: What do you mean she has the workers comp information? Did she actually file a WC claim? If she filed a WC claim, she can’t sue her employer. That’s part of the way WC works. They are supposed to cover work injuries and in return, you can’t sue the employer. If they are dragging their feet, she needs to get a consulation from a workers comp attorney. She can also contact the state’s department of labor, WC division to find out how to light a fire under them. She can also contact the WC insurance company to find out what’s the hold up.
If she files a WC claim, firing her would be retaliation and that’s illegal.
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2 Responses to My friend was injured at work, if she sues will she lose her job?
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She should be protected against retaliation but the hospital could probably find legal ways to make her miserable…She should let the WC process run it’s course; if what you explain truly happened that the hospital will be required to follow whatever WC laws apply in your state……A lawsuit is very difficult especially if you have not allowed your employed a fair amount of time to comply with all applicable labor laws of your state….Be patient.
It’s not the hospital she should sue, it’s the workmans comp insurance company. She should check with the HR department to be sure her claim has been filed— if it hasn’t, she can get the contact information to file it herself. But usually you find it’s the insurance company that is dragging its feet, not the employer. The employer PAYS the insurance company for the insurance and, while they don’t want everyone to go get hurt and file claims, they should understand that that’s why they have insurance to begin with. And suing the insurance company shouldn’t get her fired because it’s really none of the hospital’s business. She can sue them all she wants and not impact the hospital.
I would recommend getting the state Department of Labor or Department of Employment Services (whatever you have in your state) involved before going to an attorney.