Negligence or workman's comp?

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Latest post 06-20-2008 10:28 AM by adjuster jack. 5 replies.
  • 06-18-2008 12:43 PM

    Question [=?] Negligence or workman's comp?

    A learning disabled person was injured and lost the use of his left arm and suffered neurological damage, due to slipping on ice on the ground which the employee had to walk across in order to empty trash cans as part of his duties in the employ of a sheltered workshop that cleans buildings for private businesses. Does the injured person have a claim against the workshop or the business for negligence, or is he limited to workman's comp?
  • 06-18-2008 6:30 PM In reply to

    Feedback [*=*] re: Negligence or workman's comp?

    If a person was injured performing his work duties, that is a W/C matter.

    I suggest you change your profile which identifies you as a "Lawyer" to "Consumer."

    It is unlikely a 'lawyer' would have to ask such a question.
  • 06-19-2008 9:44 AM In reply to

    re: Negligence or workman's comp?

    Primarily WC.

    But does the employer own the building and grounds, or somebody else?

    If the employer leases his premises, does he lease the entire building and grounds or just part of it?

    If just part of it, when did the ice accumulate?

    During the night, and this happened in the morning?

    Or was the ice left there for longer period without attention?

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 06-19-2008 1:05 PM In reply to

    re: Negligence or workman's comp?

    Somebody else owns the premises.

    Employer (sheltered workshop) has no ownership or lease interest in premises (owned by private business that contracts with workshop).

    Don't know when ice accumulated.

    Injury happened at night. Employee had to go outside into the night to empty trash cans and slipped on ice.

    Don't know it there was lighting or not.

    Thanks.


  • 06-19-2008 1:09 PM In reply to

    re: Negligence or workman's comp?

    Maybe you are a personal injury lawyer and the issue is common knowledge to PI lawyers.
    I would suggest to you that it is not common knowledge to lawyers outside of PI.
    Thank you.
  • 06-20-2008 10:28 AM In reply to

    re: Negligence or workman's comp?

    It's a WC claim no matter what.

    But whether he has an additional negligence claim against a third party depends on getting a lot more information about the questions I asked.

    You would have to show that somebody other than the employer was responsible for maintaining the grounds where the employee slipped.

    You'd have to show how long the ice was there and that the responsible party knew of, or should have known of, the condition, had a duty to remedy the condition, and did nothing to remedy it within a reasonable amount of time. The lighting or lack of lightning may also be an important factor.

    You've got some investigating to do.



    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
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