Can I sue my employer for improper medical handling?
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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 4 years 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.
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