Suing a company for lack of medical attention

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Suing a company for lack of medical attention

I was a union boiler maker and I fell 9 feet on the job back over 7 years ago. My employer at the time only took me for a drug test and took me back to the job site and told me I didn’t need medical attention. Then, 5 days later on the job, I collapsed and they had no choice but to take me in for medical attention. I went through a whole workers compensation case but my workers’ comp lawyer told me to wait until my comp case was done before I tried to sue the company for lack of medical

attention. I did what the lawyer said. I would like to no what the statute of limitations is on something like that. I never missed a day of work they made a position for me in the office so they wouldn’t have a loss of time injury on their record. I also endured harassment on a daily basis.

Asked on July 24, 2017 under Personal Injury, Vermont

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The fact is that absent an employment contract or union agreement to the contrary, an employer has no legal obligation to see that an employee receives medical treatment for an on the job injury. Accordingly, since your company had no affirmative duty to help you, there was no breach of any such duty, therefore you have no legal claim against them. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can't sue your employer for "lack of medical attention": your employer is not your legal guardian and has no legal obligation to seek attention for you. It is your responsibility to seek medical attention when you need it. Since the employer does not have any legal duty to send you for or obtain medical attention for you, they are not liable--i.e. you cannot sue them--for not doing so.


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