What are my husband’s rights if he was hurt at work when his supervisor told him to get on top of a pile of truck bed liners that the supervisor was moving?

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What are my husband’s rights if he was hurt at work when his supervisor told him to get on top of a pile of truck bed liners that the supervisor was moving?

The bed liners shifted and my husband fell off and scrapped his arm up, got a cut on his hand, and hurt his ankle. His boss sent him to their clinic down the road where he was X-rayed. There is nothing broken but he was told that he needs physical therapy on his ankle. They sent him back to work with no restrictions. I find it odd that he needs physical therapy but the clinic sent him back to work. Can he file a suit against his company for this? Also, what info should I make sure he keeps in order to over his behind?

Asked on August 13, 2014 under Personal Injury, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If your husband's job provides Worker's Compensation, he should put in a Worker's Compensation claim--that's what Worker's Comp is for. It's typically a cost-effective way (e.g. no need for a trial) to get compensation for injured workers. If there is no Worker's Compensation, he could sue the company, but bear in mind that

1) he can only recover his actual out-of-pocket medical costs (current and projected future); lost wages, if any; reduced furture earning potential, if any; and for injuries causing significant, long-lasting impairment or disability, some amount of pain and suffering. If he needs some therapy but otherwise makes a full recovery, for example, he'll in essence only get his out-of-pocket therapy and/or doctor's visits costs, which may not be enought to justify a lawsuit, since . . .

2) In almost all cases, someone who sues has to pay his own court costs, expert witness costs (such as if  doctor or therapist has to testify about the injury or medical treatment), and attorneys fees.

 


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