QUESTION

Can I sue the hospital for falling in the garage because of icy floor?

Asked on Mar 20th, 2013 on Personal Injury - Florida
More details to this question:
I was coming out of my car and I took two steps and I flipped then fell on my back right side. I tried to get up and I slipped again. It was then that I noticed the floor was all icy. It seemed wet but it was all ice. I looked around me and everyone else is walking with their arms out, walking on ice walk. There was no rock salt on the floor at all. I am also an employee. When I called to complain, they said they know of the issue and will call someone to come in and treat the floor. As of now, I have a strained back, neck, shoulder and leg muscles.
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14 ANSWERS

You should file a workers compensation claim since it occurred at work.
Answered on Apr 04th, 2013 at 9:57 PM

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Workers Compensation Law Attorney serving Sacramento, CA at Ernest Krause Attorney at Law
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If you are an employee of the hospital tell them you want a form for a workers' compensation injury. If that is what it is get a workers' comp. attorney. Write down just what the hospital people said in detail, day and hour and get names. Write down in detail just what happened.
Answered on Mar 25th, 2013 at 2:01 AM

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Ronald A. Steinberg
Not under Michigan law. You have to be able to show that 1) there was a defect, and 2) that they knew or reasonably should have known that it was there, and 3) that you could not discover it for yourself. Ice in a parking lot can come from the wheel wells of the cars, and so it would be nearly impossible to show that they knew that the ice was there.
Answered on Mar 21st, 2013 at 2:50 PM

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If you were an employee and were injured on the job site, you should be covered by workmen's compensation. File a claim for benefits (medical expenses and wage loss to start with).
Answered on Mar 21st, 2013 at 2:50 PM

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Personal Injury Attorney serving Boston, MA
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If you are an employee of the hospital and working at the time of the accident, you cannot sue your employer for pain and suffering. However, if another entity is responsible for the safe condition of the garage, there may be a claim. I suggest you contact a slip and fall accident attorney for a free consultation of your rights.
Answered on Mar 21st, 2013 at 2:49 PM

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Personal Injury Law Attorney serving Naperville, IL at Law Office of Barry R. Rabovsky
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We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Answered on Mar 21st, 2013 at 2:49 PM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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If you are going to work for your shift, then you have a worker's compensation claim. This pays your medicals and your time off work for the duration of your injury. You may not sue your employer in tort if you were on the job. You would have to consult a workers compensation lawyer re: whether being in the parking lot as you arrive to work is "on the job" as I am not a workers comp. lawyer. If you were not on the premises to work, but for another purpose, then you likely would not have a workers comp claim, but would possibly have a negligence claim. However, Michigan law indicates that "open & obvious" conditions do not give rise to a property owners duty to make the premises safe/warn of the hazard unless there are "special aspects" to the condition. As such, premises cases become very tough to win and are aggressively defended. You may have an argument that the condition was not open and obvious upon casual observation as it looked "wet" vs. "icy"; however, others doing an "ice walk" seems to show they knew ice was present and that would harm your wet vs. ice appearance argument. Every premises case involves damages, and unless your injuries are significant, it is unlikely any lawyer will want to take on the vagaries of a Mi. slip & fall case if the damages make it such that there is a chance of a significant recovery. It is probably advisable to speak to a lawyer who handles workers comp cases, and perhaps a lawyer who handles premises cases if the wc attorney says you are not entitled to compensation
Answered on Mar 21st, 2013 at 2:48 PM

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Intellectual Property Attorney serving Long Beach, NY at Rosenbaum & Segall, P.C.
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Your facts suggest that you were parking in your employer's parking garage and walking to get to your job. Under those facts, you would not have a civil lawsuit for the slip and fall but you would have a workers' compensation claim. You should file an accident report and ask that the claim be processed for a work injury.
Answered on Mar 21st, 2013 at 2:47 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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In North Carolina if you are an employee you have a comp claim. Report it to your supervisor and make sure the insurance carrier is informed. You cant sue institution because of ice. God makes ice. You sue people for not taking steps to protect you. if the ice was new and the hospital just informed they have to have a reasonable time to fix the problem before they might be liable. You don't get bucks in this culture just because you are hurt somewhere. You always have to prove fault or negligence and you have to prove you were not at fault, that you were looking out for yourself, were careful etc etc.there is a notion among millions of Americans in recent years that if you are hurt or fall on my property I owe you big bucks. It aint so.You always have to show my fault in causing your injury and in North Carolina show that you are not at fault in any small way
Answered on Mar 21st, 2013 at 2:47 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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I you were coming to or leaving work, this would probably constitute an accident in the course of employment, and your exclusive remedy would be to file a worker's compensation claim. If it is not considered in the course of employment, then you could sue. I would call a workers compensation attorney, or file a claim on your own. Certainly report the accident to HR.
Answered on Mar 21st, 2013 at 2:46 PM

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Workers Compensation Attorney serving Oakland, CA at Farber & Foote, LLP
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If this incident occurred at work it is likely a Workers' Compensation claim.
Answered on Mar 21st, 2013 at 2:46 PM

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You can if you are able to prove the condition made the lot unreasonably dangerous and that it was not obvious, which it appears to have been.
Answered on Mar 21st, 2013 at 2:45 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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Obviously, this is a question involving the laws of some state a little further north than Florida. As such, I cannot answer that question.
Answered on Mar 21st, 2013 at 2:45 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Worker's compensation covers medical expenses and time out of work. You cannot sue your employer for negligence and damages for "pain and suffering" is not available. If there some party other than your employer who caused the accident, such as a janitorial company, you can pursue additional damages as against them.
Answered on Mar 21st, 2013 at 2:45 PM

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