Can a worker sue Labor & Industries/Employer for wrongful closure of claim/investigartion?
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Can a worker sue Labor & Industries/Employer for wrongful closure of claim/investigartion?
L&I claim was approved for work-related job injury 04/08. I had bone fusion surgery 06/08, but still had moderate-severe nerve damage in neck, left shoulder/arm/hand; tested positive for nerve damage. Had CT surgery 06/09 but no relief and still positive for nerve damage; diagnosed with CRPS type II. L&I videotaped me using my left hand (however nerve damage is in neck), and immediately closed claim. They refused advised treatment before it even began; sent me back to work 01/10. Investigation over 11/10 and L&I dropped all charges. New MRI shows same and new nerve damage. Can I sue for pain & suffering?
Asked on November 20, 2010 under Employment Labor Law, Washington
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You are mixing up two very distinct concepts here: workers compensation and suits against non-employers. The concept of workers compensation laws was to insure that workers were covered for work related injuries and to protect employers from being sued directly by an employee which could wipe out their business. If you are having trouble with the workers compensation claim then it is best that you seek help from a workers compensation attorney in your area on the matter and fast. You have appeal rights regarding their decisions and you need someone to fight for those rights. You can not do it alone. You need to make sure that you are well. Good luck.
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