Can I file a personal injury lawsuit against the company I work for?

I was recently injured at work when a supervisor dropped a lift down on my foot resulting in a fracture. I need to know if I have a lawsuit, if so, against who, and would I be able to stay an employee of this company afterward?

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Answered By: The Law Office of Josh Lamborn, P.C.

Generally, you are not able to file lawsuits against your employer if your employer carries worker's compensation insurance through the state as they are required to do. You are likely going to have to file a worker's comp claim through your employer. You will only be able to collect damages for time off work, medical bills and other economic damages. You cannot recover damages for non-economic damages (pain and suffering) through worker's compensation. If a third party is liable for your on the job injury you would be able to sue that third party and could receive pain and suffering damages from them.

Answer Applies to: Oregon
Replied: 9/15/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Rose, Senders & Bovarnick, LLC

In Oregon, you can only make a workers compensation claim if you are injured on the job. You should speak to a workers compensations lawyer right away.

Answer Applies to: Oregon
Replied: 9/13/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Travis Prestwich, PC

In a workplace setting where a co-worker was at fault, your remedy is limited to worker's compensation unless the employer did not carry worker's compensation insurance.

Answer Applies to: Oregon
Replied: 9/13/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Timothy Jones, Attorney at Law

You have a workers compensation claim. This kind of claim is prosecuted in an administrative setting, rather than filing a lawsuit in State Circuit Court. To answer your second question, it is a violation of State law to retaliate against a worker for filing a workers compensation claim.

Answer Applies to: Oregon
Replied: 9/13/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.