If I was at work and was bitten by a spider and it got really infected, can I sue without getting fired?

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If I was at work and was bitten by a spider and it got really infected, can I sue without getting fired?

No time off; going for 4th time to doctor. I have had 4 cut-ups to bring up puss; lots of pain. I don’t want to lost my job if I sue for the pain and scarring.

Asked on August 13, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

What are you suing about? Are you claiming that the workplace caused the spider to bite you--which would be a very odd claim.

An employer is NOT liable for injuries which occur at work which are not its fault (that is, not due to work conditions, poor safety measures, the tasks employees have to do, etc.). For example, an employer would not be reponsible for an employee's heart attack or stroke, if not caused by the work environment, nor for an employee being hit by lightning while crossing to his car in the parking lot. Similarly, it's difficult to imagine how the employer is responsible for your spider bite; and if not responsible, they would not be liable.


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