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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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).


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