I received a traumatic brain injury last year while on the clock. The issue I have is that the employer I worked for requested I clean property adjacent to the store, that is owned and managed by another company.
After telling my employer repeatedly that the company is not responsible for the cleanliness of that piece of property, my employer demanded I clean it anyway.
During the time I was cleaning this piece of property, outdoors, a large semi truck literally blew me off my feet down a 6 foot embankment, resulting in a concussion, various cognitive problems, and post concussive syndrome.
I know in my state that TBIs are considered a permanent disability, and are either total or partial. I have an attorney working on my compensation case, however, I feel that I wouldn’t have been injured if the adjacent property had been maintained (free of trash). Can I sue the other company for negligence resulting in my injury?
If so, would I be required to pay back any compensation from worker’s comp if my injury is permanent, and a lump sum for future lost wages is paid?
I want to go after the other company because I believe that they should be responsible for my current pain and suffering, emotional distress from the TBI, and future potential lost wages (I was in school to become a psychologist at the time). Is any of this feasible? If so, I will get a separate attorney for the other lawsuit. Thank you.
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Generally speaking, a person injured during the performance of his normal job duties is covered by his or her employer’s workers’ compensation insurance. It seems clear your injuries and the resulting treatment are covered under your employer’s workers’ comp insurance.
When a worker is performing his or her job duties at a location other than the premises of his or her employer, the worker may have a viable injury claim against the secondary property owner.
To have the basis of an injury claim against the property owner, the injured worker would have to prove the property owner, or one of his employees, acted negligently, and as a result of that negligence, the worker was injured.
If such a worker was able to prove negligence, that worker would likely be entitled to compensation for his or her medical, chiropractic, or even dental bills, out-of-pocket expenses (for medications, bandages, etc.), lost wages, and pain and suffering.
Keep in mind, if you are able to secure a settlement from the secondary property owner, workers’ compensation will have a right to be reimbursed for its payments to you.
Learn more here: Third-Party Lawsuits and Workers' Comp
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
We wish you the best with your claim,
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