QUESTION
What are my legal options if I slipped on Ice and broke my ankle in 2 places?
Asked on Jan 09th, 2014 on Labor and Employment - New York
More details to this question:
The incident happened last December my employer de-ices sidewalks but not the lot. 60% of income through workers compensation does not cover my needs as primary bread winner. Neither does the reduced income from light duty for a month or two. Upsetting that I get to deal with the pain and bring homeless money for the lack of my employer willing to take care of the lot (Truck driving company). Lots of drivers have to hook and unhook tractor and trailers in that iced up yard. It snowed that morning. Couldn't see where the ice was or wasn't. The night I was injured they called a company out to salt the yard. I was told by other more long-term employees that it was the 1st time they have ever seen someone out there laying salt down in the yard. Wouldn't that fall under negligence?
7 ANSWERS
Edwin K. Niles
Slip and fall cases are, by their nature, difficult. First, you must be able to prove negligence on the part of the property owner/occupant. Negligence could be defined as the failure to use REASONABLE care; the owner is not a guarantor. To do this, you must be able to prove that the owner put the slippery substance there, or that they had prior knowledge of the hazard and failed to take care of it promptly. Second, they will claim comparative fault, meaning that you had a duty to watch where you were walking, and thus are partly at fault. The result is that most lawyers are reluctant to take a slip and fall case unless there are substantial damages, and there are at least some arguments to be made on fault. You should definitely see a lawyer.
Answered on Jan 16th, 2014 at 7:50 PM
James Eugene Hasser
In Alabama, your exclusive remedy against your employer for an on the job injury is for comp benefits, with very few limited exceptions. You may want to consult an experienced comp lawyer to see if you fall within any of those exceptions. Good luck.
Answered on Jan 14th, 2014 at 4:52 PM
Ronald A. Steinberg
Under Michigan law, and I suspect most other states, any and all claims against the employer are under workers compensation. If the property is owned by someone else, then you could sue the property owner. However, if the employer owns the property, you cannot sue the owner; only workers compensation. You might want to find out if the employer hired a contractor to plow and salt the parking lot, it may be possible to sue the landscaper.
Answered on Jan 13th, 2014 at 5:26 PM
In GA, your sole remedy for an on the job injury is the workers comp claim. If there is w.comp coverage, the employer is immune from civil damages. Many think w.comp is for the benefit of the employer. No, it is to limit the employer's damages.
Answered on Jan 13th, 2014 at 5:26 PM
No, you can not file a civil lawsuit. Workers' Compensation is a system in which in return for the employer being liable whether or not they were at fault, the employee gives up the right to file a civil lawsuit. What benefits are to be paid is determined by State law.
Answered on Jan 13th, 2014 at 5:10 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You have a worker comp claim. That is the only claim you can have against an employer. You obviously don't like them and they may not like you. Why don't you find a job where the feeling is mutually good.
Answered on Jan 13th, 2014 at 4:54 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Unfortunately, your only recourse is worker's comp. I could give you a long story about it, but that's the bottom line.
Answered on Jan 13th, 2014 at 4:45 PM