Fell on ice on way to work...

by A
(USA)

When I got to work last week I got out of my truck and fell in the parking lot due to ice. I told the owner of the office, who is a doctor, but no one did anything. So I went to urgent care on my own to got looked at. Monday I had to go to their doctor to check out my left shoulder and back, both are in a lot of pain.

The doctor gave me restrictions but said I can go to work. Well my job would not let me work today so I went home. Then I was told I have to do a desk job at least until my follow up Wednesday. So I'm not sure, do I go to work? Who will be responsible for my medical bills? Should I try to claim anything else, like for my pain and suffering or the time lost at work if I don't go in? I'm a little lost with what to do. Thanks.

Visitor Question:
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ANSWER for "Fell on ice on way to work...":

A (USA):

It appears you haven’t sustained a serious injury. Certainly you haven’t sustained any fractures. If you had, the urgent care doctor would have diagnosed their type and location. The doctor would have based his or her diagnosis on an initial physical examination and a set of x-rays.

You might look into filing a workers compensation claim. If your employer owned, paid taxes on, maintained, or in some other fashion exercised control over the parking lot, your injuries will likely be covered by workers comp insurance. If your employer has no legal connection to the parking lot, then your claim will likely be against the doctor (owner of the parking lot).

If your claim turns out to be workers compensation, then you will not be entitled to compensation for pain and suffering. In the alternative, if your claim is not workers comp, and falls under premises liability, you will likely file your injury claim against the doctor’s premises liability policy.

Under premises liability, the doctor is legally required to do everything reasonably possible to ensure visitors, and others legally on the promptly will not be unduly harmed or injured. In a premises liability claim, you would be entitled to compensation for your medical bills, out of pocket expenses for medications, etc., your lost wages, and pain and suffering. Workers comp covers all those “damages” except pain and suffering.

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

Best of luck,

Judge Calisi

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TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION