Visitor Question

Workmans Comp Information and Filing a Slip and Fall Lawsuit…

Submitted By: Denise (Reading, PA)

I slipped on ice outside my workplace and broke my ankle. They were definitely negligent. They salted and then had it swept up so it would not ruin their new cement. I had surgery with a plate and 8 screws inserted.

I collected workers comp and am now, against my better judgment, told I have to return to work on 5/2. I have been assigned to light duty, a sit down job. However, I felt like I needed another month before I could return, considering I still have some pain and swelling and some strength issues with walking. The accident occurred on 1/14, and I had surgery on 1/15. I am 49 years old.

Can I file a slip and fall claim against my employer after receiving workers comp?

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 Denise,

Denise:

Probably not. Inasmuch as you have already filed a Workers Compensation claim you will not have legal recourse to sue your employer. You may have heard otherwise – that you can file a lawsuit against your employer. In fact you may know someone who did.

There are rare times when you are able to sue your employer and concurrently receive Workmans Compensation benefits. Here is an example of one…

Sally Thompson is working for an employer who carries Workers Compensation insurance. Her job duties included using a forklift to move inventory to various locations throughout the warehouse. While operating the machine a hose burst sending hot oil all over her legs. She suffered third degree burns and will have to go through a long recuperation before she can return to work.

While negotiating a Workers Compensation settlement Sally’s attorney learned the machine which spewed out the hot oil had a manufacturer’s defect. Although the employer had received numerous recall notices from the manufacturer it ignored all of them. If her employer had heeded the manufacturer’s recall notices, the machine would have been repaired and Sally would not have been hurt.

In a case such as this, there is a good chance the court will allow Sally to sue her employer for gross negligence. Her employer’s gross negligence directly caused Sally’s injuries. In a case like this Sally would legally be permitted to collect on her Workmans Compensation claim and also turn around and sue her employer for additional damages including, but not limited to, Pain and Suffering.

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: April 27, 2011

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