Can I sue my employer for improper medical handling?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I sue my employer for improper medical handling?

I was at work and had a small injury. I went into the on site first aid and a safety team member was filling in for the official medical team member. The safety team member ended up over icing my leg for 40 minutes when there is a rule of 15 minutes only I latered learned for icing. It resulted in me getting burned badly on my leg leaving a large red inflammation/burn. He went for a heatpad to try to correct his mistake, however I told him to take it off because I could feel the heat ice burns apparently leave the area ice cold after the burn. Over time it worsened until an injury special was on site to treat it

Asked on June 2, 2019 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

In theory, since the employee was performing duties for your employer when his bad medical treatment injured you, you could sue him. In practice, there is no point unless you suffer some significant, long-lasting or permanent life impairment. To prove this case, you'd need to hire a doctor to testify abou how this should have been handled and the effect you; a doctor testifying in courtin CA could easily cost $1,500 - $3,000. But for temporary itching, poeeling, and unslightliness, you'd be fortunate to get a few hundred dollars. You'd spends more on the lawsuit than you would get back.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption