I'm a medic in Newfoundland, and work for an ambulance company. On January 4th I was in the back of the ambulance with my patient when my partner lost control in an awful snowstorm and flipped it in the ditch. I wasn't wearing my seatbelt, so I was pretty beat up. My partner called an ambulance for me. I was unbelievably lucky, I broke my right arm, broke my tailbone in two places, nerve damage on my left side, a bulging disk in my left hip and a bad concussion and some lacerations and abrasions on my body. I obviously went through workmans compensations as it was on the job. But they have been a nightmare, and my boss is harassing me to come back to work on light duty, when I KNOW he is just going to lay me off as soon as I go back. Just wondering if maybe I should sue his insurance company, and if anyone's thoughts on how they would play this situation out.

OH and it will be Very unlikely that I will be able to do my pre injury job as it is so physically demanding, and with my back back/hip ad butt injuries it probably won't happen, even though I'm a young (24) woman, I've already had major surgery on both my knees and they are really bothering me since the accident.

You may have to sue your driver partner and the company for negligence rather tha workmans comp which would likely pay your bills. Your driver would likely be found to be driving too fast for conditions, was a ticket issued? If no, why not?

Quote:

---

Originally Posted by ballengerb1

You may have to sue your driver partner and the company for negligence rather tha workmans comp ...

---

I was going to say that workers' comp. is an exclusive remedy, but apparently not, at least in Newfoundland:

"...
The Workplace Health, Safety and Compensation Act (the Act) provides for the payment of compensation benefits. In exchange for the right to compensation, you generally cannot sue any employer or worker whose acts may have caused or contributed to injury or death, although there are exceptions. An action can be taken by an injured worker or dependent of a fatally injured worker in either of the following situations:
•If the person responsible for the injury or death is neither an employer nor a worker under the Act; or
•If the injury or death is a result of an accident involving the use of a motor vehicle, even though the person responsible may be an employer or worker under the Act.
..." WHSCC - Third Party Action