QUESTION
I am hurt at work, a 7-foot piece of angle iron fell from 12-foot ceiling can I sue the construction company of new building?
Asked on Feb 09th, 2013 on Personal Injury - South Carolina
20 ANSWERS
Ronald A. Steinberg
Workers comp against your employer.
Answered on Feb 13th, 2013 at 7:01 PM
Christian Joseph Menard
If you were hurt at work while working, you have a workers comp case and you need to file a workers comp claim. If the angle iron was supplied by a third party and was somehow faulty causing its fall, then you are entitled to sue the third party. I would start off with the workers comp claim, hire a workers comp attorney who can better asses the 3rd party issue.
Answered on Feb 13th, 2013 at 1:45 PM
Yes. You should be able to sue the construction company and file a claim for your workers compensation. I suggest you contact an attorney. These types of cases can be difficult.
Answered on Feb 13th, 2013 at 12:03 AM
You cannot sue your employer or a co-employee. You are limited to your benefits under IN Worker's Comp. However, if a different company was responsible for the accident, then you may be able to sue that other company. You should check with an attorney qualified in both worker's comp and personal injury claims.
Answered on Feb 12th, 2013 at 8:59 PM
Lisa Hurtado McDonnell
Yes, but why have not you file a workman compensation case? It will be much easier to get compensation and a lot faster?
Answered on Feb 12th, 2013 at 4:14 AM
Edwin K. Niles
You clearly have a workers compensation claim. All employers are required to have w.c. insurance. You may also have a negligence claim against the person who dropped the iron, and his employer.
Answered on Feb 12th, 2013 at 4:09 AM
Answer: Absolutely you can sue; probably under both workers' compensation and a third-party personal injury case.
Answered on Feb 12th, 2013 at 4:08 AM
Yes, but your employer is primarily liable and you will be covered under worker's compensation laws for temporary disability benefits, paid ongoing medical treatment and future medical treatment and a settlement for permanent disabilities. You may also sue third parties such as owner of the premises or subcontractors but you will not receive double recovery.
Answered on Feb 12th, 2013 at 4:07 AM
You can sue the construction company that built it and the owner of the property for failure to inspect the premises.
Answered on Feb 12th, 2013 at 4:07 AM
2 Awards
The answer is "maybe." It depends on who your employer is and which sub misplaced the iron that fell. Contractor/sub liability in the workplace is a complicated matter and should be discussed in depth with a personal injury attorney.
Answered on Feb 12th, 2013 at 4:03 AM
James Eugene Hasser
You have a comp claim and a possible claim against the construction company if you can show they were at fault. Your comp carrier would be entitled to get their money back out of anything you get out of the construction company. Talk to a lawyer familiar with both accident and comp law in Alabama.
Answered on Feb 12th, 2013 at 4:02 AM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
You can file a worker comp claim versus your boss or you can sue the company that caused the injury. You will have to prove causation, not just Say it. can you prove your case?
Answered on Feb 12th, 2013 at 4:01 AM
Automobile Accidents and Injuries Attorney serving Santa Ana, CA
at
Law Offices of Maurice L. Abarr
Update Your Profile
Sure. You need to get an investigator to statementize the foreman on the job site to find out who was responsible for safety and for the angle iron. This would be one of the first things I would do. All of this assumes you have significant injury to justify pursuing a claim outside of Workers Comp.
Answered on Feb 12th, 2013 at 4:00 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
If you did not work for that construction company and if you are in the State of New York, the answer is "yes". Get a lawyer, do not try this on your own.
Answered on Feb 12th, 2013 at 3:59 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
There are possibilities that you have other possible causes of action as well.
Answered on Feb 12th, 2013 at 3:55 AM
Litigation Attorney serving San Antonio, TX
at
Graves Law Firm
Update Your Profile
Yes, you can sue the third-party construction company. See a lawyer.
Answered on Feb 12th, 2013 at 3:47 AM
This is a complicated issue because I don't have enough information. You have a worker's compensation claim; but you may also have a personal injury claim against the employee who caused the angle iron to fall and the general contractor for failing to maintain a safe work site. There may be other parties at fault and requires a highly specific inquiry into the cause of the accident and the parties responsible. You should seek out an experienced attorney, this is not a case for newbie.
Answered on Feb 12th, 2013 at 3:45 AM
Your first claim is against your employer for workers compensation. You or your employer may also have a claim against the construction company. You need to contact a good workers compensation attorney.
Answered on Feb 12th, 2013 at 3:41 AM
Personal Injury Law Attorney serving Naperville, IL
at
Law Office of Barry R. Rabovsky
Update Your Profile
You should consult an attorney.
Answered on Feb 12th, 2013 at 3:29 AM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
I it was caused by their negligence you can.
Answered on Feb 12th, 2013 at 3:27 AM