QUESTION

Can my husband sue if he fell at a business and hurt himself but he was on company time?

Asked on Jan 27th, 2013 on Personal Injury - New York
More details to this question:
Husband fell at this business that they didn't keep clear of ice and snow and when coming out the door he fell forward and landing on his knees. This company took picture and they admit fault but just gave my husband a card with the store number on it and said corp. would call him in 24 hrs. Here it is a week later and still no phone call but he was working at the time so he had to call safety and report it and he took a day and half off of work but didn't feel like he needed to go to the Dr then. His knee is still killing him please help what should we do and can we sue this company where he fell.
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12 ANSWERS

Your husband may have a workers' compensation claim. If he has not received information from the company (his employer). He can go to the Industrial Commission's website, fill out a form 18 and submit it online. The Industrial Commission will require the employer provide compensation and medical treatment.
Answered on Feb 07th, 2013 at 2:09 PM

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Employment & Labor Attorney serving Weston, FL at Behren Law Firm
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He probably wants to file a workers compensation claim. He should get a workers compensation lawyer. Feel free to contact us with any questions.
Answered on Jan 30th, 2013 at 4:18 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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He can file a workers compensation claim if he was on the job. If the business was not his employer, he can sue them as well. If his injury is severe, he should seriously consider doing both.
Answered on Jan 29th, 2013 at 2:45 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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If the fall was while he was in the course and scope of his job he is covered by worker comp. otherwise you will have to sue the bad guy and prove fault. Sounds like your might have a case. Question is how good is it.
Answered on Jan 29th, 2013 at 2:45 PM

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Yes, if you can prove the condition "defective' as well as not being open and obvious.
Answered on Jan 29th, 2013 at 2:44 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Your husband should file a workers compensation claim with his employer if he was working. He can also pursue a case against the business that didn't clear the ice. That is called a third party claim. Two claims is complicated and probably justifies have an attorney handle the claim if it is serious.
Answered on Jan 29th, 2013 at 2:44 PM

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Ronald A. Steinberg
Workers compensation. He may also have a premises liability claim against the store.
Answered on Jan 29th, 2013 at 2:39 PM

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He needs to file a workmens compensation claim since the injury occurred at work. He can do it himself, or hire a lawyer to do so. He may get a better result with a lawyer.
Answered on Jan 28th, 2013 at 1:25 PM

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James Eugene Hasser
The exclusive remedy for an on the job injury is for worker's compensation benefits. What that means is that you can't sue your employer for anything other than comp benefits. While there are certain limited exceptions, it doesn't appear they apply here. That's the bad news. The good news is that all you have to do to be entitled to the benefits is get hurt on the job. You don't have to prove the employer was at fault. Shoot, you can be at fault and be entitled to benefits! He's entitled to medical benefits for life. They get the first choice of physician. So, if he needs to see a doctor, tell him to tell his employer and get them to set him up with one. If the Dr pulls him from work, he'll be entitled to temporary compensation benefits until the Dr cuts him loose. After that, if he has a permanent disability rating from the Dr, he will be entitled to permanent disability benefits.
Answered on Jan 28th, 2013 at 1:24 PM

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Thomas Edward Gates
He should have seen a doctor immediately after the accident to see what the injuries were. Because it happened at work, he may be covered by workman's comp. If not and the company refuses to pay, you may sue them. In doing so, start looking for a new job.
Answered on Jan 28th, 2013 at 1:24 PM

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General Practice Attorney serving Belvidere, IL at Law Offices of Henry Repay
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Your husband may have a workers' compensation claim and other possibilities would be considered in an attorney consultation. Generally, these cases would be handled on a contingent fee with a free consult.
Answered on Jan 28th, 2013 at 8:59 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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I'm not clear as to whether the business where he fell is the same company that he worked for. Since it appears that he was in the course of his work, he is entitled to Worker's Compensation. Worker's comp covers medical expenses and time out of work. He cannot sue his employer for negligence and damages for "pain and suffering" is not available. If the business where he fell is not the same company that he worked for, he can also pursue them for the difference between his comp indemnity and his actual pay, plus pain and suffering. But first things first: he needs to get medical attention. For his own good and for his family's sake as well, he can't be the "tough guy" and live with the pain, that will just make it worse. The injury may be worse than it seems, or not as bad. Either way, his medical expenses are covered by comp. But of course, he's got to do the paperwork, so make sure all the proper forms get filled out, signed and submitted. His employer has to provide information as to the name, etc. of the Worker's Comp insurance carrier, and they can advise as to what paperwork is needed. Once the company claim is in place and the medical diagnosis made, then he can see about making a liabiity claim, for which he will need a lawyer.
Answered on Jan 28th, 2013 at 8:57 AM

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