Anonymous,
The answer to your question will depend on many facts, such as the identity of your employer (unless you are self-employed) and any contractual provisions for the work between you and the landlord. If your employer has worker's compensation coverage, you may be entitled to benefits, including the payment of your medical expenses as you treat for injuries arising during the course of and out of your employment. In addition to worker's compensation, you may have a cause of action against a third party, including the landlord, potentially.
The status as a landlord does not mean that the landlord owes no duty of care for the protection of others upon the facility. I am interested to know what evidence you have of the landlord's knowledge or awareness of termite damage, as well as the basis for claiming that he/she did not take proper precuations. Also, an important consideration of the law is how much knowledge you had of any defective condition of the premises, and whether you voluntarily assumed the risk that the floor would give way.
Depending on the answers to some of my questions (above), you may still have a remedy against the landlord (or property manager, if maintenance is outsourced) for your personal injuries. You will certainly want to present your facts to an experienced injury attorney or firm that handles premises liability cases. To that end, our law firm offers a free consultation and would be happy to speak with you about the details of your incident.
I wish you a quick recovery from your ankle injury.
Lance R. Ladendorf, Esq.
Ladendorf Law
7310 N. Shadeland Ave.
Indianapolis, IN 46250
(317) 842-5800
Answered on Jan 16th, 2014 at 3:20 PM