Visitor Question

Tripped Over a Parking Stop While Leaving Work…

Submitted By: Kathy (Dickinson, TX, USA)

I was leaving work at a large national chain retail electronics store, and while I was walking out I tripped over a parking stop that was not painted. I have lost money from my job due to this injury. I am currently on workers compensation but I have also lost a lot of income because of this, as well as suffering through the pain.

Is the store liable for my injuries? What are my chances of winning a personal injury case against them? Do you know if there have been other cases involving incidents like this and what the outcomes have been?

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 Kathy,

Unfortunately the laws regarding workers compensation are rather strict. If an employee is covered by workers compensation insurance they are not permitted by law to sue their employer. You fall into that category.

If you are receiving workers compensation you should also be receiving a majority of your wages during the time the doctors have ordered you remain away from your job while treating and recovering.

You mention a parking stop sign. If that sign was in the parking lot and the parking lot was not also part of your employer’s property you may be able to pursue a legal claim against the parking lot owner.

Whether the parking lot owner carried workers compensation or not won’t matter to you. If your preset employer doesn’t own the parking lot you will be able to pursue a claim against the parking lot owner for negligence.

Before you pursue a claim against the parking lot owner there will have to be proof of their negligence. From the facts you present there initially doesn’t seem to be any negligence.

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: January 13, 2012

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