Do I have a case regarding on the job injury?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do I have a case regarding on the job injury?

About 2 months ago, I started work at my employer. Just after I started, my supervisor had ended up running my foot over with a pallet jack; I have now been on workers comp. I have recieved a email regarding termination right after this injury occured. I have loss of wages, severe nerve damage to my foot as well. I have been getting a run around from my employer and now I’m stuck on what to do. My physical therapist said it can take a long time for me to regain any feeling in my foot. I want to know if I have a case to sue?

Asked on July 9, 2018 under Personal Injury, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you are receiving worker's compensation, worker's compensation is all you get: the law sets it up as an either/or situation, where you can only sue your employer if there is no worker's compensation, and if there is worker's compensation and you are getting it, you can't also sue. There are tradeoffs involved: when you get worker's compensation, because you can't sue for "pain and suffering," etc., you get less money than you might get if you sued and won; on the other hand, you get the money much faster, without having to spend the time and money suing, and the money is guaranteed--you don't have to prove that the employer was at fault and win a lawsuit.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption