QUESTION
Who is liable for an employee falling down at work?
Asked on Mar 07th, 2012 on Personal Injury - Michigan
More details to this question:
I have a problem. I had one of my employees fall down the steps behind my store front. It's a day spa and the land lords are not accepting responsibility. It was after work hours when the girl fell. I also found out I didn't have workman's comp insurance at the time. Now the employee is talking to lawyers and I am also worried my landlord will raise my rent or worse kick me out. Any advice?
20 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Whether or not it is workers' compensation depends on the number of employees you had, the type of business you are in and other more tachmeal things. If the landlord's negligence caused the injury, if it is workers' compensation, then you would have a claim, the landlord for injuring your employee.
Answered on Mar 12th, 2012 at 5:33 PM
Civil Litigation Attorney serving Gadsden, AL
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Ford, Howard & Cornett, P.C.
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(1) Get work comp insurance coverage. (2) Report this incident to your commercial liability insurance carrier (although an employee work comp claim may be excluded). If you do not have commercial liability insurance, get it. (3) Report the incident to your umbrella insurance carrier (although an employee work comp claim may be excluded). If you do not have umbrella coverage, get it. (4) Ask your landlord if he/she/it had any liability insurance coverage (i.e., commercial liability coverage) that would provide medical payments coverage to your employee (to pay medical bills for injury on the premises). (You do not mention whether or not some defective condition on the premises caused your employee to fall.) (5) Most states have penalties under the work comp statutes for employers that do not have required work comp insurance coverage. (6) You may need to meet with a good insurance agent to discuss your insurance needs.
Answered on Mar 12th, 2012 at 1:57 PM
Bruce Elliott Goodman
If you did not have workers' compensation insurance you should contact an attorney immediately regarding this potential claim.
Answered on Mar 12th, 2012 at 1:30 PM
Insurance Defense Attorney serving Kalamazoo, MI
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Lewis, Reed & Allen, P.C.
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Normally if an individual is injured on the premises of the employer a reasonable time before and after work hours, then the exclusive remedy is a claim for workers compensation benefits. On the other hand, an employee injured while coming and going to the workplace is not covered by workers compensation. In your example, if the employee was going down steps on her way to an employer designated parking lot, then it would be covered by workers compensation. If the injury was the result of negligence by third-party, in this example the landlord's failure to properly maintain the steps, then the workers compensation insurance company which paid the benefits and the plaintiffs have a claim against the negligent party (landlord). Unfortunately, it is a misdemeanor to fail to properly protect workers by obtaining workers compensation insurance. Business owners who fail to obtain proper workers compensation coverage are personally liable for any workers compensation benefits which should have been paid. Whether you were an employer required to obtain workers compensation coverage and whether the injury in this case is covered by workers compensation depends on many factors which are not detailed in your question. Much will depend on these factors. You should be seeking competent legal advice immediately in this situation because all of your personal assets are potentially at risk.
Answered on Mar 09th, 2012 at 10:56 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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It's too late to say that you should have had insurance. Both Workers Compensation and premises liability. No you may have to pony up for a lawyer to defend you if you are sued.
Answered on Mar 09th, 2012 at 4:59 AM
Criminal Law Attorney serving Salem, NH
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Law Office of Patrick E. Donovan, PLLC
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You need to get worker's compensation insurance first. NH requires that coverage. If the steps are in the common area, your landlord is liable for any damages caused by a defective or potentially dangerous condition. At the outset, I would advise that you offer to cover your employee's medical bills. You can thereafter assert a lien against any case she might initiate against the landlord for the bills you paid on her behalf.
Answered on Mar 08th, 2012 at 10:39 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Not having workers comp and having employees is crazy stupid. Unfortunately, your employee has a claim against you and possibly the landlord if the stairs were not compliant with the building code or not maintained as a common area of the building. Your employee can file a claim with the Uninsured Employers Fund. The UEF pays the bills, then sues you to get the money back. You can only hope your employee's injuries are minor and not permanent.
Answered on Mar 08th, 2012 at 10:36 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If she had an "accident" in the course and scope of her employment she is covered. Pay her. If not in course and scope then it is a question of who is liable for negligence. Assuming some negligence caused her fall.
Answered on Mar 08th, 2012 at 10:17 PM
Unfortunately, your landlord can kick you out or raise your rent at any time if you are an at-will tenant. If you have a lease, then the terms must be honored until the lease ends. You need to obtain worker's compensation insurance immediately. It is the law, so don't let this happen to you again. My best suggestion for the fall is to hope that there is responsibility on the landlord. If the landlord was responsible for the maintenance of the steps, and there was a hazardous or defective condition with the steps, then there may be liability. If that is the case, the claim will be made against the landlord. Unfortunately, you may have some trouble by virtue of the fact that you have no wc insurance - this company would normally pay for the injured party's medical bills and time out of work. You may be personally responsible for this.
Answered on Mar 08th, 2012 at 6:44 PM
2 Awards
If you are required to have workers' compensation insurance, you should talk to a lawyer ASAP. You may be liable through workers' comp laws, depending on the circumstances; and the landlord may also be liable.
Answered on Mar 08th, 2012 at 4:47 PM
I would have to see your lease. Rarely is anyone absolutely liable. You almost always must find fault or what we call negligence. Some falls are the falling person's own darn fault. A person is not liable just because it happens on the property they own or lease; they must have done something negligent, like leave a big hole, only remove part of the ice, or breach some other duty owed to the public. Plus it depends on what category of guest (invitee or trespasser) the faller is. Your lease may include insurance requirements and subrogation waivers and provisions for termination.
Answered on Mar 08th, 2012 at 4:44 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You "found out" you didn't have worker's compensation insurance? You might have a cause of action against your insurance agent. Other than that, in order to make a claim against a property owner (including stores, parking lots, apartments, etc) the injured party has to show that the owner knew or should have known of the hazard, had an opportunity to correct it, and failed to take action. So, she would have to produce evidence that she fell due to some hazardous condition of the steps that the landlord knew or should have known about and failed to correct timely. She could go after you since you didn't have comp on her, but she'd have to have the same kind of proof, plus she'd have to show that you had legal control over those steps. If she does, then you can make a claim over against the landlord. Of course, she could go after both of you.
Answered on Mar 08th, 2012 at 4:44 PM
Workers compensation should cover any employee on the job injuries. If you didn't have workers comp insurance at the time there could be some legal ramifications. You should contact an attorney as soon as possible.
Answered on Mar 08th, 2012 at 4:34 PM
Commercial Transactions Attorney serving Clarksdale, MS
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Holcomb Chaffin and Rogers, P.C.
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It could be you assuming you did something negligent. Without much more information any informed advice is impossible.
Answered on Mar 08th, 2012 at 4:31 PM
Workers Compensation Attorney serving Overland Park, KS
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Austin Law P.A.
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If you have employees that earn more than $20,000 in a year total, you are obligated to have WC insurance and it is a crime to not do so. You will be liable along with a State Fund that steps in in such situations. That Fund will have the right to recover all of its costs and expenses from your business. If the accident itself is not "compensable" then the employee may have to bear her own costs. That is a workers' compensation question that an attorney needs more facts to answer.
Answered on Mar 08th, 2012 at 4:31 PM
Slander and Defamation Attorney serving Tucker, GA
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Law Offices of David W. Hibbert
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The details of the incident are important. It may be both a Workers Compensation claim as well as premises liability claim depending upon the fact. Both of these determinations will be governed by your local state's laws. You say it was after work hours, so had this person employed by you signed out and gone on her way and returned for some other purpose? Are the steps dangerous or has there been a failure to maintain the steps? Get an attorney to consult on this. Money spent now will likely save you money in the long run.
Answered on Mar 08th, 2012 at 4:29 PM
Bruce Arthur Plesser
Wait for a lawsuit or the attorney letter on behalf of the girl. There is nothing that you can do now. Nothing has happened yet.
Answered on Mar 08th, 2012 at 4:29 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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You need to talk to a workers' comp lawyer ASAP. You might be required to have Comp insurance and if so, you could face a substantial liability.
Answered on Mar 08th, 2012 at 4:24 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Pay her bills and time off work. It could get quite ugly without comp insurance.
Answered on Mar 08th, 2012 at 4:22 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Advise is seek counsel. If you did not have worker's comp you may have a personal liability if the employee was injured in the course of her employment. The facts are too sketchy for a firm opinion.
Answered on Mar 08th, 2012 at 4:20 PM