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Can You Sue for Not Receiving Sick Leave?

Studies show that injuries arise from people going to work while sick. It’s not surprising since most people would likely be distracted at work if they are sick. This scenario has caused some employees to question: Could I sue my employer for not giving me sick leave?

It may be difficult to sue your employer for not allowing sick leave. Since you cannot sue an employer for specific benefits, you likely wouldn’t have a case. However, there could be an exception in certain situations.

Many employers put pressure on employees. If your boss is pressuring or threatening you to work while you are sick, they are creating an unsafe work environment. As an employee, you have the right to a safe and healthy workplace. An argument could be made that by forcing a sick employee to work, you were put in a dangerous work position.

Employees that work with heavy machinery are especially in danger because of the job requirements. If a worker was so ill that they needed medication or had the potential to pass out, not allowing the worker to go home would create safety hazards for not only the sick worker, but other employees as well. In Kansas, any injury caused to another employee by a fellow worker would be covered by worker’s compensation even if the fellow worker is not sick. However, if an innocent bystander is injured because a sick worker fails to follow safety rules the company could be held responsible.

A case for not allowing sick leave may not hold up in court, but an employer is certainly responsible for allowing dangerous work conditions.

At Ray Hodge & Associates, we believe in personal injury handled personally. At our office you see a lawyer from the very first meeting because we believe your case deserves an experienced personal injury attorney right from the start.

If you have had a Kansas workplace injury that was not your fault and need medical treatment, you need an experienced professional who can help you get back on the road to recovery. Call us today at 316-269-1414 or visit our contact page here. Our Kansas personal injury attorneys will provide you a free initial consultation and if we take your case you don’t pay a dime unless we recover money for you. Even then we only take a percentage of the total amount of your recovery.

If you have questions on what you should be looking for when you are making a decision to hire a Kansas personal injury lawyer, read our article located here.

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Ray Hodge & Associates proudly represents victims and their families across the state of Kansas, including Wichita, Andover, Derby, Goddard, Haysville, Mulvane, Rose Hill, Newton, El Dorado and Hutchinson. Call today for a free consultation all over the state of Kansas. We have proudly served clients in Sedgwick, Butler, Sumner, Harvey, Kingman and Reno Counties.