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  1. #1
    Join Date
    Jun 2012
    Posts
    9

    Question Can You Sue Your Employer or L&I For Letting You Work Without Restrictions

    After a back injury(lumbar) in 2007 I had an IME that resulted in MMI, PPD , and permanent restrictions. I was not aware of my permanent restrictions until I had another injury at work that now has resulted in duel level fusion of my lumbar spine. My job requires 100% physical capabilities to perform and work description requires that I must have no permanent medical condition/restriction to perform my duties.
    Well, HR and L&I allowed me to return to work with no accommodation and no restrictions and this led to my current injury and surgery.
    Can I take action against L&I and my employer for negligence in contributing to my new condition??

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Do I Have a Case

    No... filing a claim for WC benefits is the exclusive remedy.
    Your ER nor L&I carry any further liability, it's not their fault you suffered further injury. File your claim.

  3. #3
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Do I Have a Case

    Quote Quoting Fused Bob View Post
    After a back injury(lumbar) in 2007 I had an IME that resulted in MMI, PPD , and permanent restrictions. I was not aware of my permanent restrictions until I had another injury at work that now has resulted in duel level fusion of my lumbar spine. My job requires 100% physical capabilities to perform and work description requires that I must have no permanent medical condition/restriction to perform my duties.
    Well, HR and L&I allowed me to return to work with no accommodation and no restrictions and this led to my current injury and surgery.
    Can I take action against L&I and my employer for negligence in contributing to my new condition??
    no.
    the limitations are yours not theirs.
    you accepted permanent impairment benefits and knowingly went to work on a job that required no limitations and then you want to go after them for allowing you to do it?!

    bold.

  4. #4
    Join Date
    Jun 2012
    Posts
    9

    Default Re: Do I Have a Case

    That is not true. If you fall down the stairs at work you can file a claim and get paid. If you later found out the stairs you fell down were not up to code(no railing , to steep , etc) and your employer had notice of the fact by a building inspector but decided not to fix it, that becomes negligence.

    - - - Updated - - -

    I am now in vocational counseling because I am not being allowed to return to work by my employer. After five years and a much more permanent injury they say that can not accommodate my restrictions the same restrictions I was given five years ago. My vocational counselor is the one that recommended the lawsuit.

  5. #5
    Join Date
    Jun 2012
    Posts
    9

    Default Re: Do I Have a Case

    You can receive ppd without permanent restrictions. I was never given a copy of IME report. Now my employer is pulling we cannot accommodate, my restrictions now are the same as 2007. My vocational counselor assigned to me is the person who suggested their negligence in ignoring the doctors orders.

  6. #6
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    2,959

    Default Re: Do I Have a Case

    Actually, that is not really correct. Negligence by the employer is generally not actionable on behalf of the injured worker. Workers' comp laws exist partly to prevent employees from suing their employers in negligence. That is why workers comp is called the "exclusive remedy." There are a few tiny exceptions to the exclusive remedy doctrine in some states but they rarely occur.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  7. #7
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    2,959

    Default Re: Do I Have a Case

    Don't trust legal advice or legal opinions from vocational counselors. Talk to an actual lawyer who handles work comp cases in your state.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  8. #8
    Join Date
    Oct 1971
    Posts
    3,363

    Default Re: Do I Have a Case

    Fused Bob
    HR and L&I allowed me to return to work with no accommodation and no restrictions and this led to my current injury
    Can I take action against L&I and my employer for negligence in contributing to my new condition??
    Worker comp is no fault, negligence is irrelevant.
    Because this is a "new condition" I would think you should file a second injury claim.
    Your past claim is not a factor, I wouldn't bring it up, start new.

    -
    Now my employer is pulling we cannot accommodate, my restrictions
    If your employer fails to accommodate for any reason, you are entitled to wage loss payments.

    Consult an attorney asp.
    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

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