ATTORNEY RONALD M. CANTER
2008-07-05
LAWYER RONALD M. CANTER
Ordinarily an employee who qualifies for Worker's Compensation benefits may not file a personal injury suit against the employer. There are two narrow exceptions where Worker's Compensation preemption might not apply, and an employer might be subject to lawsuit:
When an employer intentionally causes injury to an employee.
When an employer is required to carry Worker's Compensation coverage but fails to do so.
This exception for intentional acts is very narrow. It is not ordinarily enough that an employer creates conditions where there is a very high probability that an employee will be injured. Ordinarily the employer must have committed a specific act intended to cause injury to the employee.
RONALD M. CANTER
Guardrails - Guardrails are required for balconies, porches, ramps, landings and open sides of stairs which are more than 30 inches above a finished ground level or floor below. Depending on the structure classification, guardrails shall be a minimum of 36 inches high according to CABO or 42 inches high according to the Standard Building Code. Open guardrails shall also have intermediate rails to prevent a 6 inch sphere from passing through. In addition, a bottom rail or curb shall be provided to prevent the passage of a 2 inch sphere.
ATTORNEY RONALD M. CANTER
Employer makes the initial selection of physician. After a period of time specified by state law, the employee has free choice. Unless the employer or the employer's insurer has established a "medical provider network", employer has initial selection of physician and employee can change to physician of own choosing after 30 days. An employee who has notified his or her employer in writing prior to injury that they have a personal physician, and whose providers provide nonoccupational health care coverage, has the right to be treated by his or her personal physician after job-related injury. By statute, a maximum of seven percent of all employees statewide may so predesignate. The right to be treated by one's personal physician at the outset of injury also applies if the employer has failed to post notice of workers' compensation rights as required. If an employer or insurer has established a medical provider network, then under most conditions the employer controls the initial selection of physician and all care must be provided within the network for the life of the claim.
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