Q: Exceptions to Workers’ Compensation Immunity
I got ran over by a garbage truck and the person drug test came back positive for cocaine the same day and he got fired. Would that fall into intentional tort because he knew what he was doing was wrong and he could injury someone while driving high, especially a commercial vehicle?
A: Filing a lawsuit to recover damages is not a matter of criminal law.
A: I hope that you are okay. In answer to your question, not likely. If you were injured as a result of the collision with the garbage truck, then you should contact a personal injury/accident attorney in your area to discuss the specifics of your matter----attorneys in this area of practice almost always provide free, no obligation consultations for these type matters---I know my firm does-----so you should take us up on it---and it will assist you in the long run. Good luck.
A: If you were run over by a garbage truck, then you need to file a personal injury lawsuit against both driver and the company he works for. I don’t see any information in your question that relates to Worker’s Compensation, unless you were injured on the job. If you were injured on the job than the exclusive remedy that you have against your employer is Worker’s Comp. If a third-party was responsible for your injuries, then you also have a claim against that third-party..
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