Hurt at work!!!!!?
Asked by Terri A
My husband started a warehouse/forklift job about two months ago. His supervisor asked him to go cut down some trees in the back. Even though it wasn't in his job description he did it anyways. Being a good employee. While cutting the tree fell, and he put his arms up and turned and it hit him on his back. But when he did he fell and fractured his fibular in his foot. He really likes the job, and the employer is being extra nice to him. He doesn't wanna suue, but what if after a year they let him go. Then it would be too late to sue. What would you think the best thing to do is. Has anyone been hurt this way? And did you sue?

Best Answer:
He would only be entitled to workers' compensation (that's what it's there for)...so even if he sued, the employer could have this case dismissed because the EXCLUSIVE remedy is workers' compensation (look in your state's labor code). You should find an attorney who specializes in workers' compensation if you think this will turn out like your scenario...

You need to consult with a local attorney on this question, as there are far too many details you would have to share here to get a coherent response.
Answered by Simplicimus

sounds like workmans compensation I am SURE his employer is being EXTRA nice
Answered by roadrunner426440

See if your boss has worksman compensation to evaluate your situation.
Answered by carmen m

I don't understand how a broken bone can put you out of work for a year. Sounds like your husband is working the system and that is why he got fired. One of my employees was in a car accident and BROKE THEIR NECK and was back in three months. PS: There is no fibular in your foot...it's in your leg and it's called a "fibula".
Answered by Mary B

Generally in any accident you have 3 years to persue a claim. You will need to check with the laws regarding this in your state or province. You need to see a lawyer. It dosent matter how nice they were if your out of employment then nobody is doing you any favors and you still need to keep a roof over your head and you are still left scarred/injured for life depending on the severity. Get to a Lawyer, get your papers in order, as to what happened, medical steps taken to rectify, treatment by peers and supervisors, and get the injury re-evaluated if possible to show that you are diligent in therapy and that the injury is still causing employment problems. Perhaps your hubby can fight for his job back with the company or a settlement at least. You have to think of number one because honey in this world nobody is going to save your a** but yourself. Take Care and do what you have to. :) -Rachel.
Answered by Rachel J

Check with an attorney. Also, consider your personal ethics. Is there good reason to sue? There is nothing wrong with asking an employee to do something outside his job description. However, if he didn't know how to do the task safely...and said he didn't, I honestly don't know what the implications would be...see an attorney. Your husband should also verify that he is getting all benefits to which he is entitled under workers comp and any other insurance.
Answered by Sue P