Visitor Question

Injured rushing out of work…

Submitted By: Anonymous (USA)

I was leaving work and rushing to catch my ride. I got off the elevator to go to the right down a hallway to get to the checkpoint exit. I was already wearing an orthopedic boot on my right leg to help me with tendinitis in my ankle and heel.

While rushing out, I fell. Is this a worker’s compensation case? Who would be liable in this scenario? Thanks.

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 Anonymous,

If you had already left work for the day you may not have the basis of a workers compensation claim. This may be somewhat different if your employer owned the property where your were injured. In that case it can be argued you were still at work when the injury occurred. Otherwise, you really don’t seem to have the basis of a workers compensation claim.

Additionally, you may have contributed to your own injury. Contributory or comparative negligence can be a legal bar to recovery. Running to the elevator with an orthopedic boot on was ill-advised. If you were found to have contributed to your own injuries, it may prevent any potential claim, even if there existed the legal basis for one.

It sounds like you would be hard-pressed to convince anyone your injuries were anything but self-inflicted. Your actions seemed to be negligent and they may have fully contributed to your injury. You’d need to consult with an attorney who can weigh all the factors of negligence in your case.

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: October 16, 2013

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