I was hurt off the job at an employer-provided house for contracted employees. After getting off work and returning to the house (in North Dakota) I fell coming up the house’s steps to the porch that had no hand rails and were covered by snow and ice. When I fell I shattered parts of my vertebrae. The next day I flew home to Louisiana and had to have surgery 2 days later.
Now I am still in severe pain and unable work with no income. I’m about to lose everything I own and workers comp denied me, stating that this is not a work related injury. My question is, can I receive workers comp since I was on a 13 week assignment away from the state where I live? Or can I sue the employer personally for my injuries and lost income?
After all I have been through the employer has not once called to check on me to see how I was doing. Thanks for any info you can provide.
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.
You should concentrate on a personal injury claim. From the facts you present you weren’t technically on the job when your injury occurred.
You have a strong cause of action against two parties. The first is your employer for providing housing which wasn’t safe, and the second is against the property owner. Both parties had a “legal duty of care” to make the premises safe so people lawfully on the property remain safe from undue harm and injury.
It appears both parties are liable for two reasons:
First, they should have cleared the ice and snow.
Second, they should have installed a handrail for you and others lawfully on the property. They failed on both accounts.
Because of the seriousness of your injuries you should seek legal representation immediately. It appears you have a very strong case of negligence against both parties. Whatever you do, don’t accept any money from your employer or the property owner. In addition, don’t speak with any insurance companies.
Don’t speak with anyone about this case until you have spoken with an attorney. Remember, anything you say can be twisted to sound like your injuries weren’t serious, or that you may have contributed to your own injuries.
Most personal injury attorneys don’t charge for an initial office consultation. The only challenge you’ll face is the logistics of traveling back and forth to North Dakota for purposes of seeking an attorney, presenting medical bills, being present for depositions and more. Don’t let that discourage you.
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,
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