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CAN
THEY DO THAT ?
WORKPLACE
INJURIES
WRIGHT
& MILLS, P.A..
I TRIPPED AND
HURT MY BACK AT WORK BECAUSE ANOTHER
EMPLOYEE LEFT A BOARD ON THE FLOOR. I CAN
SUE THE OTHER GUY FOR MY EXPENSES AND PAIN
AND SUFFERING, CAN'T I?
No,
you can't!
Workplace
injuries are generally covered by the
Maine Workers Compensation Act. Remedies
under that law, as limited as they may be,
are the exclusive way to be compensated by
your employer for injuries arising out of
and in the course of
employment.
You
cannot bring a lawsuit against your
employer or against another employee,
supervisor or office-holder of your
employer for workplace injuries. The
workers compensation law is your only
remedy, even if another employee was
negligent in causing your injury or even
if the employer hurt you
intentionally.
If
you are injured at work, you must tell
your supervisor, and your employer must
file a report of injury with the Workers
Compensation Board within seven days after
the employer learns of the injury.
The
employer may consult with your physician
and may require you to see another
physician for an opinion as to the extent
and cause of your medical condition. If
the injury is determined to have arisen
out of your employment and in the course
of your employment, then your employer
will be required to pay your medical
expenses attributable to that injury and
for lost time from
work.
The
employer may also offer you "light duty"
if your physician says you cannot do your
regular job. If you are offered work
within your medical restrictions and you
turn it down, your employer may not have
to pay you for your lost
time.
So
remember, if another employee causes you
to get hurt at work, you cannot sue that
employee; you can simply seek workers
compensation benefits from your
employer.
It's
the law!
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