Legal Question in Employment Law in Illinois
Injured Back while working
This question pertains to my mother. She is a nurse. the nurses on her floor told the hospital that the chairs in the patients rooms were dangerous and someone was going to get hurt. The hospital told them that the chairs were staying and to deal with it. My mother injured her back while helping a patient out of the chair. She has had a series of medical treatments and eventually had surgery to remove a herniation. she is still in chronic pain.
She has been told by her lawyer that 1) she cannot sue her employer. Apparently under workers comp law you cannot sue your employer in the state of NY; 2) if she was to sue the chair manufacturer she would have to find the original chair or a report showing that it was defective.
Anyway, I am her daughter and live in NY. I am very upset and do not understand how the employer is protected and the employee seems to have no recourse. Can she sue because she got injured on the job?
Thank you and I am sorry that this is so long.
1 Answer from Attorneys
Re: Injured Back while working
Has your mom filed a claim under Worker's Comp?
If not, she should do so ASAP.
How was the chair the proxmiate cause of her injury?
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