QUESTION

Should we be concerned if an employee was injured?

Asked on Jun 21st, 2011 on Personal Injury - New York
More details to this question:
I own a large facility services company operating throughout Virginia. We recently had a fall involving an employee of a building we are contracted to provide janitorial services with. The employee fell on a recently mopped floor and was mildly injured (sore back). The contract requires all cleaning be done during working hours. A wet floor sign was present, though not totally visible from all angles. My understanding of VA law is that as an employee of the building we are contracted to clean, workers comp is her only remedy (similar cases seem to support this). However, she is threatening legal action. Is there concern from our end?
Report Abuse

8 ANSWERS

Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
In NC an employee can only bring a comp claim against the employer. Your facts are not clear. Whose employee is this, yours or theirs?
Answered on Jul 11th, 2013 at 2:40 AM

Report Abuse
Brain Injury Attorney serving Baton Rouge, LA at The Lucky Law Firm, PLC
Update Your Profile
Thanks for your inquiry. I am only licensed to provide legal advice in the states of Louisiana and Mississippi. In both states, if an employee is injured in the course and scope of his employment by a co-worker, by fault of no one, or by the employer, then worker's compensation is the exclusive remedy. I am unsure if this is the case in Virginia. I would contact the Virginia bar association or the your local bar association to obtain additional information. Please contact my office to discuss further. Thanks again!
Answered on Jun 27th, 2011 at 6:10 PM

Report Abuse
Automobile Accidents Attorney serving Portland, OR at The Law Office of Josh Lamborn, P.C.
Update Your Profile
If someone is injured on the job then works compensation is generally their only remedy. However, if a third party's negligence caused the injury the third party can be sued. If the person is going to sue you there is little you can do about it now though.
Answered on Jun 27th, 2011 at 5:57 PM

Report Abuse
Real Estate Litigation Attorney serving Newport Beach, CA at Fink & Abraham LLP
Update Your Profile
You should report the incident to your insurance carrier. Workers comp would apply to the injured employee's claim against their employer. However, the injured employee can sue you in court because you are not their employer.
Answered on Jun 27th, 2011 at 4:55 PM

Report Abuse
Bankruptcy Attorney serving Atlanta, GA
3 Awards
Give it to your worker's comp carrier.
Answered on Jun 27th, 2011 at 4:45 PM

Report Abuse
Theodore W. Robinson
Yes, there is always concern because anyone can sue anyone else and since you're a company, most people have little or no compunction about suing you. Speak to your regular lawyer about this on right away. Good luck.
Answered on Jun 27th, 2011 at 4:31 PM

Report Abuse
Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
Update Your Profile
In South Carolina, and in most states, workers compensation is the exclusive remedy against you employer when you are hurt on the job. However, if the injury is a result of some third party's negligence, you have a workers comp claim against the employer and a lawsuit for negligence against the third party. I am assuming the employee was not your employee, but an employee of the company you contracted with. Under South Carolina Law you would not be the injured workers' employer, and he could sue you for negligence (I'm not saying he has a good case, only that he could bring one). If you have a general liability insurance policy, it should defend any such suit. If you do not have one, you should probably get one.
Answered on Jun 27th, 2011 at 3:58 PM

Report Abuse
Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
Update Your Profile
I cannot answer your question because I am not admitted to practice law in the State of Virginia. But if it is like New York law, where I am admitted, then it sounds like her only remedy is Workers Compensation. Please note the following necessary legal disclaimer: I have not given legal advice. I only give advice to my clients. I am not acting as your attorney. I have not yet agreed to represent you. Anything I have said is based on limited information and may be subject to change as more facts become known. Attorneys express opinions. Attorneys often disagree. If you want further information or independent verification of anything I have said then you should immediately consult another attorney. Never sit on your rights! I am admitted to practice law in New York State only and cannot practice law in any other State.
Answered on Jun 27th, 2011 at 3:54 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters