Can I sue the company I was working for after doing a job that was not my titled position and got hurt?

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Can I sue the company I was working for after doing a job that was not my titled position and got hurt?

I worked bridge construction being a certified welder and a carpenter. At work one day I painted the side of the bridge from a ladder that was not tied off so the ladder kicked out resulting from me falling off the ladder about 14 ft down into a river. I broke my left wrist and tore my rotary cuff on my right shoulder. I have gone threw multiple surgeries and am fighting with workmers’ comp to pay for a second surgery on the same shoulder. Since workmers’ comp is involved can I sue the actual company?

Asked on April 27, 2017 under Employment Labor Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Workers' compensation is a form of insurance that provides wage replacement and medical benefits to worker's injured in the course of their employment. It is given in exchange for an employee relinquishing their right to sue their employer for negligence. Accordingly, you cannot now sue. That having been said, there are attorneys who specialize in these cases. It might be advisable for you to consult directly with one of these lawyers and go over the details of your case.
 

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Workers' compensation is an alternative to suing the company for your injury.  Since the case is proceeding as workers' compensation, you won't be able to sue the company for your injury; however, it would be advisable to be represented by a workers' compensation attorney.
 


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