What are my rights if I was a 1099 employee and working in pain due to an on the job injury and my boss knew that I had major problems with my shoulder?

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What are my rights if I was a 1099 employee and working in pain due to an on the job injury and my boss knew that I had major problems with my shoulder?

Now he has found an excuse to fire me. Can I sue him for my injuries?

Asked on April 27, 2013 under Personal Injury, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You could most likely either sue your employer or, if there was worker's compensation coverage, receive worker's comp (you can generally do one or the other; not both) for the initial injury, if it happened on the job as you indicate. However, you would have no claim for any additional exacerbation of the injury due to working while hurt, since you choose to do that (and thereby caused the exacerbation yourself), instead of seeking worker's comp, seeking disability, asking for medical leave (e.g. under FMLA), etc.


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