QUESTION
Do I have a work compensation settlement to negligence of an employee not performing his function?
Asked on Jan 26th, 2014 on Personal Injury - Louisiana
More details to this question:
I fell on ice at work due to negligence on part of other employee not performing his function (he was watching television inside). I landed on my upper back and back of my head. I was diagnosed with concussion and residual whiplash, bruised shoulder blades. Headaches are chronic, vision at times is blurry. My brain CT is normal, no bleeding.
11 ANSWERS
Yes, You need to file a claim for worker's compensation benefits that cover temporary disability benefits, ongoing medical treatment and a settlement for permanent disability and future medical care.
Answered on Feb 04th, 2014 at 9:02 PM
Estate Planning Attorney serving Nashville, TN
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Strickland Law, PLLC
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Your only recourse is work comp against your employer. Unless the employee did an intentional act (not performing his job does not meet the criteria), then the employee is not subject to liability.
Answered on Jan 29th, 2014 at 11:28 PM
Any personal injury suffered by an employee in the course and scope of his or her employment is compensable, regardless of negligence on the part of an employer or co-employee. I would urge that you contact an experienced workers compensation attorney.
Answered on Jan 29th, 2014 at 11:27 PM
Edwin K. Niles
For workers' comp benefits, it is not necessary to prove negligence. You have a good claim.
Answered on Jan 29th, 2014 at 11:27 PM
You have a Workers' Compensation claim because you were injured at work. It does not matter if someone was negligent or not. I am assuming that you were on the business premises and not the sidewalk outside the business.
Answered on Jan 29th, 2014 at 11:26 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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Your injuries occurred in the workplace, and under state law you are covered by workmen's compensation.
Answered on Jan 29th, 2014 at 8:35 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Negligence of a fellow employee that causes you injury is a comp case. you need proper medical care and a comp lawyer to help
Answered on Jan 29th, 2014 at 8:34 PM
James Eugene Hasser
Your only remedy against the employer and employee is for comp benefits. Whether you are entitled to permanent disability benefits will depend on whether you have a permanent set of physical restrictions that keep you from going back to your job. And whether or not the employer settles with you will be entirely up to them. There is no mechanism in the law that requires the employer or employee, for that matter, to settle.
Answered on Jan 29th, 2014 at 8:14 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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All you have is a worker's compensation claim.
Answered on Jan 29th, 2014 at 8:12 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You have a comp claim. Negligence has nothing to do with it.
Answered on Jan 29th, 2014 at 8:06 PM
You have a workers' compensation CLAIM. Not necessarily a settlement.
Answered on Jan 29th, 2014 at 8:04 PM