I was injured at work by a member (member drove off at gas station with gas nozzle in car and hose separated from nozzle and flew back and hit me in my chest, throat area. Causing severe bruising and internal swelling. Was taken by ambulance to ER and released the same day. Was off work for a week and now back to work.) Workman comp is going to pay for time off and medical.So my question is can I seek any pain and suffering from member because it was their fault, have video and witness backing that up.Thank you for your time....D.W.
Country relating to Question: United States
State (if USA): Oregon
Hello and thank you for allowing me the opportunity to assist you.Can you clarify what you mean by "member"? Is that a co-worker?
The "member" is the customer. At Costco it is a membership store.Thanks.
Have not received an answer yet?
Hi again.Yes, you can sue the member for negligence and demand compensatory damages, which includes pain & suffering. The member will likely argue that you've been compensated through worker's comp, but you can argue that you've only been compensated for actual out of pocket expenses such as medical and lost wages. You have not been compensated for pain & suffering. Determining how much to demand for pain & suffering is not easy because it depends on how badly injured you are. As a rule a thumb, you can start with demanding 3 times the cost of your medical expenses, and then increase or decrease that amount based upon how much you actually suffered. If you sue, you should retain an attorney, and he'll be able to guide you as to the amount to demand after reviewing your case in detail. So, the first step for you is to visit a local personal injury attorney to get the ball rolling.If you would like any additional information or need clarification, please do not hesitate to ask! Also, I strive to be as helpful as possible so that you are satisfied. Accordingly, please remember to give me positive feedback (doing so does not end our discussion). If you feel the need to rate me poorly, please stop and instead of rating me, reply via the REPLY or CONTINUE CONVERSATION button with the issue that you have. I will be happy to continue our discussion and do everything that I can to provide you with the service that you seek.Thank you.
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