Q: Broke wristand ankle on the job with no safty equipment was issued.
Was knocked off of ladder by fellow emplyee. Broke my right wrist wich was opperated on and plate installed and broke right ankle calcanious fracture. After a year still very painfull and some days cant even walk. Only gave me 9% impairment. What about mental and physical anguish plus the pain and suffering ill have to deal with for the rest of my life. Check was mailed to me but shoukd i settle. This is in Texas and was,no safty equipmment and osha never was told and this was with a large national company. Should i sew or can i do a cival suit against indavidal who knocked me off of ladder
A: If your employer purchases a policy of workers' compensation, then you are barred from suing the employer for negligence unless there is death and gross negligence involved. This is the main reason employers choose to purchase workers' compensation. That is, so they will not get sued when one of their employees negligently injures another employee. In short, unless you were injured by a third party (ie someone not employed by your employer), then you cannot sue for mental anguish and pain. Workers' compensation is a policy of insurance with specific limits that do not allow for pain and suffering damages.
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