I was injured on the job can not return to work because
of permanent restrictions after having cervical disk
surgery will i or my husband be able to file suit aganist the company i work for
2 Answers from Attorneys
In the state of Indiana where an employee is injured on the job and in the course of performing their duities, workman's compensation is the exclusive remedy. However, workman's comp really does not provide a large enough benefit for most. This means that you have a workman's comp claim, but not a suit.
It is almost impossible to successfully litigate a civil complaint against an employer for an employee's on-the-job injury. This is because the workers compensation laws make the workers comp system the exclusive remedy. The good reason for the exclusiveness of this remedy is that the injured worker does not have to prove the employer was at fault and the employer is prevented from saying the injured worker caused the injury herself or that some other employee stupidly caused the injury. The bad news is that the workers comp remedy is usually very inadequate - if you die, or are 100% disabled - you might get about $50,000. Sometimes the worker is able to show that the injury was caused by a third-party, like the manufacturer of some equipment on a product liability claim. In which case, the worker can sue the third party. So I suggest you consult with a good local personal injury and workers compensation attorney before much time expires. Good luck.