Can I sue a shipping company as an employee for poor health?

UPDATED: Oct 1, 2022

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Can I sue a shipping company as an employee for poor health?

As a truck driver/delivery personn for a
shipping company, can I sue them for not
covering a surgery that I choose to get?
The strenuous day-to-day requirements of
the job have caused me some pain and I
want to get surgery to fix it. They will not
cover my surgery costs. What are the
odds that I get them to cover it? Also, how
would this affect any family members also
working for the same company?

Asked on December 30, 2018 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you cannot sue your employer for pain you suffer because you have voluntarily chosen to do a strenuous job. You were not forced to take or keep this job; you could have quit and looked for a less-strenuous job. Because you voluntarily choose to stay in a job that involed wear and tear on you, you, not the employer, are liable for the consequences; you cannot make other people pay for what you choose to do under legal doctrines such as "assumption of the risk" (to accept the knowable conseqences of what you voluntarily do) and also "employment at will" (the employer cannot make you stay in a job you don't want or think is bad for you, so if stay in the job, it is by definition voluntary on your part).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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