Would this be considered employer negligence, injured at work?
I injured my back lifting heavy boxes at work, I used proper lifting techniques but the manager constantly kept pushing me to go faster so I did and I hurt my back in the process.
I told him that those boxes were too heavy for me, and when I was struglling to lift some he just stood there and stared at me. I’m talking about boxes going up to 90 some pounds; And I’m very skinny and you don’t need a scale to see that and in the contract it noted that I’d have to lift 50 pounds.
I filled a workers comp form but I’m wondering if this falls under employers negligence.
Also what’s the main difference in the outcome between it being their negligence or mine?
Answer: Possibly, but by filing a workers’ compensation claim, you give up your rights to sue. It’s sorta of a no-fault insurance. The best thing would be to click here to find a pre-screened workers’ comp attorney who can get you everything you’re entitled to. WC insurance companies are notorius for shafting the injured worker. You need to get a consultation with an attorney.
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4 Responses to Would this be considered employer negligence, injured at work?
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@Anders, the act of filling out a form does not trigger it. You have to actually file a workers’ comp claim, then you cannot sue. Workers’ comp is meant to protect the employer from lawsuits while giving the employee the medical treatment he/she needs for the injury.
A couple of others have said that you cannot sue if you have filled in a workers compensation form, but I don’t believe that by filling it out you have admitted no-fault. If you receive compensation then you can no longer claim negligence, but not just by filling the form out.
Actually, I think YOU would be found negligent. You state you used proper lifting techniques, but when I worked retail almost a decade ago, the major retailer I worked for stated that if a box was heavier than your capability, you were to "team" lift the box AND use a back brace. They even had the boxes marked with "team lift" when it was obviously a dangerous box to lift on your own. In fact, if you were caught lifting something above your capability, you were written up.
To prove negligence, you would have to prove that you weren’t taught proper lifting techniques, the company did not provide the means to learn proper lifting and that you were forced to ignore the proper lifting techniques to get the job done.
If you knowingly did the work, admit that you used proper lifting techniques, then it falls on you and your only recourse is workers comp. You are your own gauge of safety. If you knew the boxes were too heavy, it was your job to inform your employer that you will injure yourself without proper team lifting.
It doesn’t matter who was negligent.
Let me repeat that: It does not matter who was negligent.
One more time: It does not matter who was negligent.
Now, let me explain. Workers’ Compensation is your sole remedy for your injuries. You cannot sue your employer. Workers’ Compensation will pay you benefits for your lost time so long as you are totally disabled or partially disabled and looking for work. They will also pay for your medical bills in full that are related to this injury. If you have a permanent injury you may be entitled to additional money paid a few years after your injury.
Here’s why it doesn’t matter who was negligent… Workers’ Compensation is a no-fault system. When an injury legitimately happens arising out of the course of your employment, your employer pays for your lost time and medical bills, through the Workers’ Compensation system.
I cannot state this more plainly: You. Cannot. Sue. Your. Employer. For. These. Injuries.