Injured at work, received work restrictions,was told to do things that went against restrictions, can i sue ?

[darik2]

If I was told not to lift nor pull more than 20 pounds and i did. If i receive workers compensation payments do i give up the right to sue for Negligence ? Tort of Negligence.

[dennie18]

Workers comp exists IN LIEU OF private ability to sue for the matter which caused the injury. If you violated the recommendations by your choice that is YOUR fault. If you were ordered to do so by a boss despite the boss being advised of the restrictions by the workers comp department, you needed to see your personnel department rather than proceed to do something the medical folks advised you not to do.

In most states, when an employee who receives workers comp and violates the medical recommendations and re-injures himself/herself or aggravates the injury which was subject to the workers comp, that employee forfeits rights for additional compensation.

Further, workers comp is not available for injuries incurred while an employee is acting outside the scope of his or her employment.

[marq]

Well, first of all you still have to get injured. If you were on restriction and they told you not to lift more than 20 lbs, and you did but didn't get hurt, then no harm no foul. After all, for a tort to exist, there has to be damages of some kind.

Also, workers compensation exists in place of suing you're employer. I also believe that it is you're responsibility to inform a supervisor of limitations. In a Wal-Mart for example, you might have 10 managers in the store, and not all of them would know beforehand of restrictions. So them telling you to do a normal job function would not be unreasonable unless you informed them of the restriction. If you informed a supervisor of restrictions, and they told you to do it anyways, and then you got hurt, I imagine you would have a claim.