QUESTION
Am I eligible for compensation after falling through an access panel at work?
Asked on Oct 24th, 2012 on Personal Injury - New York
More details to this question:
It was about a four feet drop. I received a huge gash on my leg that required 41 stitches. There was no notification about the panel being lifted off and work being done. There were no cones, flags, signs, or tape indicating there was danger ahead. In addition, this accident happened in a room that was missing proper lighting. I work for a communications company but there was another contracting company performing work that caused my accident. No one from that company contacted me to let me know they would take care of any bills or anything. Do I need to secure councilor or is this too small of an injury?
15 ANSWERS
Ronald A. Steinberg
Yes. Report it, and make sure that the employer gives you a copy of the form which is to be filed with the compensation department.
Answered on Oct 29th, 2012 at 6:43 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You are probably limited to your remedies under Worker's Compensation. It is possible, however, that you may be able to escape that limitation due to the negligence which you have accused her employer and others of. You should seek legal counsel.
Answered on Oct 26th, 2012 at 4:12 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Too small. File your Worker's Comp claim and carry on. Now you can give a speech to your coworkers about the need to follow all the safety rules.
Answered on Oct 26th, 2012 at 4:12 PM
Your first course of action should be to file a worker's compensation claim for your medical bills. Many injured workers think that their financial damages for medical bills and lost earnings are limited to West Virginia workers' compensation benefits. Workers' compensation laws say that you cannot hold your employer accountable for damages above the amount of benefits paid by the workers' comp insurance unless you can prove the employer acted with "deliberate intent," as provided in W. Va. Code 23-4-2. In many workplace injury and wrongful death cases, however, there may also be a third party who can be held liable for negligence. The third party can include the manufacturer of a piece of defective industrial equipment, the property owner or a subcontractor working on the same job site.
Answered on Oct 26th, 2012 at 3:13 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It seems too small to justify a suit. You are entitled to have your medical bills paid by your employer under workers compensation. You may have a suit against the other company for whatever damages you have suffered.
Answered on Oct 26th, 2012 at 3:13 PM
You have two potential cases. The first is a worker's compensation case and the second is a case against the company that created the dangerous condition which lead to your fall and injuries. It is my experience that you will need an attorney's assistance if you want them to pay attention to you.
Answered on Oct 26th, 2012 at 3:12 PM
You may be entitled to both workers' compensation and third party damages. The other contractor reference has my attention for a potential third-party action. The only way to know is for the lawyer to investigate further.
Answered on Oct 26th, 2012 at 3:12 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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This sounds like at least a permanent disfigurement with some lost time at work. You should consult with a local attorney as soon as possible regarding this matter.
Answered on Oct 26th, 2012 at 3:12 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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Talk to a lawyer and let the lawyer decide whether your injury is worth asserting a claim against the contractor who created the hazard. It won't cost you anything to try.
Answered on Oct 26th, 2012 at 3:11 PM
Healthcare Law Attorney serving Sacramento, CA
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Beach | Cowdrey | Owen, LLP
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No. The third party (not your employer) caused your accident. Thus, you have the right to sue that third party. You are also entitled to workers compensation benefits since you were injured in the cause and scope of your work. However, your employer's workers compensation insurer, has the right to subrogation, which is a fancy term meaning it can also seek reimbursement from the negligent third party that caused your injury. You should seek a lawyer, as that lawyer will negotiate a reduction of the workers compenstion insurance company's right to seek reimbursement from your settlement with the negligent third party.
Answered on Oct 26th, 2012 at 3:11 PM
Automobile Accidents and Injuries Attorney serving Santa Ana, CA
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Law Offices of Maurice L. Abarr
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In my opinion you need legal counsel. And the sooner the better. The other contractor should be held responsible. Of course, you also have a Workers' Comp claim.
Answered on Oct 26th, 2012 at 3:10 PM
You should either contact your state's Worker's Compensation Commission or a lawyer who handles work-related injuries for specific assistance.
Answered on Oct 26th, 2012 at 3:10 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 against your employer. You might get a small lump sum for scarring in that matter. You might sue the other contractor who caused the injury and your settlement might be a bit ore generous.
Answered on Oct 26th, 2012 at 3:10 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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Yes, very much so. Sounds like a labor law case and a worker's compensation claim. Find a personal injury attorney with experience in labor law that is located near you.
Answered on Oct 26th, 2012 at 3:09 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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First and foremost, you can collect worker's comp from your employer. That will cover your medical expenses and time out of work. You may be able to go after the other contractor, but their liability company would have to reimburse the comp carrier before you can collect for pain and suffering.
Answered on Oct 26th, 2012 at 3:09 PM