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  1. #1
    hilltop Guest


    I was injured on the job and have been collecting Workers Comp since 2004. Now I have been declared Permanent Stationery by an AME Dr. My question is,

    Being that I was injured over a period of time due to my employer not repairing a broken seat in a vehicle I drove. In fact the safety dept came down and verified the seat was indeed defective, took pictures and a couple of months later brought me a seat cushion! Subsequently I have neck & back damage that was verified by the AME & my Dr.And the injury has been deemed Industrial related. This occurred in California. Do I have a case of negligence? or have given up the right to sue because I filed for workers comp?

    Thanks in advance

  2. #2
    pt Guest


    How many times had you filed a written complaint; or, had refused to operate the vehicle until the seat was repaired ?

  3. #3
    hilltop Guest


    I continually reported the seat problem to my supervisor and to the safety dept for over a year and a half.

    The damaged seats (2 vehicles) were well documented and witnessed by co-workers, union shop steward, and my foreman, plus 2 supervisors,If I refused to operate the vehicle then I would of been sent home. So I did what I could to finish the day.

  4. #4
    maria Guest


    You cannot sue in civil court. That is the exchange for getting WC.

    What you CAN do is file a Petition for Serious and Wilful Misconduct. You will have to prove that the employer knew of a seriously dangerous condition and intentionally chose not to repair it with the INTENT to cause you injury. This would have to be more than simple negligence and rises to the level of criminal disregard for your safety. I don't know if you have enough to prove that one.

  5. #5
    pt Guest



    I had asked you the initial questions with the hope that the following response could be a bit more simple.

    Although, the defective seats were both witnessed and were documented by co-workers, Union AND Management - Are there any reports that show that "OSHA" inspected the seats ? Was your Employer ever actually, cited ? (You would also think that 'someone' else would have done what was necesssary in order to prudently,
    finish 'their' day, as well). But.... unfortunately, that's not always the case.

    Anyway...The merit of a Serious & Willful action can be determined by an attorney who specializes in Employment Law. I believe that the Employer would be responsible for paying any settlement, due.(* As a "S & W" would be part of your WC case; and not considered a 'third-party').

    I'd suggest that you simply ask your attorney what their thoughts are in regards to what the possible pursuit/success of an S & W action might really be.

    I hope that this has been of some help to you.

    Good luck.

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