Is employer at fault

[kate]

There is a section in the Illinois Workers’ Compensation Act (and in most other states) called the Exclusive Remedy Provision. It provides that there is no common law or statutory right to recover damages (money) from the employer other than workers’ compensation.

Basically the worker gives up the right to sue his or her employer for an injury that occurs at work in return for benefits such as lost wages and medical expenses, and sometimes other benefits like vocational rehabilitation or retraining, even if they are totally at fault.

In order to sue the employer, it has to be shown that the employer knew or should have reasonably known that a situation existed that was substantially certain to result in injury or death or that they intentionally caused the injury. These are very, very hard to win. You almost have to show that the employer knowingly and on purpose caused your injury.

You may be able to bring a civil lawsuit, but only if your injury was caused by someone else other than your employer or co-employees (such as an on-the-job motor vehicle accident) or by a faulty product or defective piece of equipment.

As far as OSHA, AQA is right. They are following their set procedures. They ar not there to punish employers. They are there to enforce safety rules. So, they do contact the employer, let them know of the problem and give them a set time to correct the problem.

[Bad Boy Bad Boy]

Illinois

Well, I see you from Illinois. Being said, the No-Fault rule counts alot. Your employer knows this. First thing is, what type injury you substained? How did it occur? What caused the injury to you? Was it equipment? Was it another employee that caused harm to you? Nice if you can answer that first... Please tell me about your saftey complaints, this matters alot, and lets see if I can help more... Did they, or do they supply a Lock Out Kit to be put on unsafe equipment and such? This Lock - Out means it can't be removed till all proper repairs are made. If the complaint is about a machine made from someone else or company, and the machine is old, had no recalls on it, or ever needed updates, then the company that made the machine could be in a third party Law Suit, and not your employer. There are many things that need to be looked at, before I can say this or that.

I'm from Illinois, and I will be willing to help, given the chance to do so. I'm not an Attorney, I am a injured worker. I have worked with Illionis Work Comp Attorney's for injured workers, and still do, for over 8 years now.

[ace25]

Even if OSHA conducts an investigation and fines the company, that money will go to the government. It does not go to the injured.

[Bad Boy Bad Boy]

Forget about OSHA, they cannot help with your injury. If your employer has a safety Board or members in the safety committee, and OSHA certified, then OSHA does give some leverage. Even if say they performed an OHSA certification class and test. Plus the fact, are you in a UNION? There are too many if's when it comes to OHSA.

[Still in Limbo]

Manely, My Situation was in Pa., and it Involved Moving a Very Large Frame Computer,and Memory Blade Storage Cabinets, all over 7' Tall, I believe there were 30 or so of the Blade Cabinets, (200lbs.) and One Main Frame, (450lbs.) Across a very Tilted Parking lot, lowered flat because the Door was too Low, and We had to lower them flat on a Sidewalk with Cement Walls on Both Sides, and about a 30 Degree Slope on the Sidewalk. When the Original Driver from another Co. came and Saw the Delivery Spot, His Words were, "I'm not Hurting Myself and My Guys, I'm Delivering them to the Local Moving Co., (The One I was Working for) and they can Deliver them in Smaller Trucks". We Loaded 2 Trucks and Headed Over, I was doing this as a Favor because it was not My Normal Job but they wanted My Crew there due to the Cost of this Equipment, and they wanted it Delivered Safe, and Myself and My Crew were Very Good at Our Jobs. When We tried to Pull the First Truck close to the Driveway, it almost Rolled, due to the Parking Lot Tilt, and We also said No, too Dangerous, and We Headed Back to the Warehouse. We told them they would have to Supply Us with a Better Entrance. So Our Dispatcher knew how Dangerous this was Twice, and Forced My Crew back a Few Days Later by telling Me in no Mincing of Words that If I didn't go, My Tractor Trailer wouldn't be Moving for a while, because He wouldn't give Me any Loads!! Long Story Short, an 18Year Old Helper from the other Crew that was with Us Slipped and fell Under the Main Frame and against the Retaining Wall, and I had to Catch a Falling 450lb.Main Frame worth 3/4 of a Million in Mid Air, and I Saved this Boys Legs. My Attorney said I could File a Civil Suit, but in the State of Pa. You can't be Paid Twice for the Same Injury, so w/c would be Repaid, and they would be Sure to Make My Life a Living He**!! He feels when this all Boils down I will Receive More taking this Route, so here I am on W/C, and I Never Received a Thank You from either the Co. or the Young Man I Saved!! W/C is in No way Fair, at least Here in Pa., I Hope You Have Better Luck with Your Case!!