Do I have a case regarding on the job injury?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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