Visitor Question

Can a contract / temporary employee sue for negligence?

Submitted By: Naomi (Florida)

I tripped over an extension cord that was plugged into an outlet from a computer that was not safely tied down to the floor. My right foot caught the cord and I fell down. I’m wondering if I can sue the employer for negligence.

The reason I am inquiring about suing is because the employer was aware of the issue/hazard (a prior employee had fallen under the same circumstances 2 months earlier) and did nothing to secure the area. The incident happened in Virginia, the company is located in Atlanta, and I live in Florida.

As a temporary employee, do I have a case against the employer? Does this constitute negligence on their part? Thank you for any information you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Naomi,

While your fall was unfortunate, negligence in and of itself will not support a personal injury claim.

For there to exist the basis of a viable personal injury claim requires you to prove a personal injury requiring medical or therapeutic attention. From the facts you present, you did not require either. As a result, you do not have a right to compensation.

Hopefully, at or about the time you tripped and fell, your employer or supervisor was notified. If so, it is likely the cord will not be further exposed. If you did report the negligence placement of the cord, you can take solace in knowing you likely prevented another person from being injured.

If you did sustain an injury due to this incident, you must file a claim with your employers workers’ compensation coverage.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 24, 2015

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