Visitor Question

Compensation for injury doing lawn care?

Submitted By: Richard (Franklin, North Carolina)

I was doing lawn care for someone at a rental property. I was on a steep bank that I had done one time before and was not wanting to really do again, but he insisted I do it. I ran into a yellow jacket nest and was trying to not get stung as I am highly allergic to them. Due to this, I tumbled down the embankment and fell off a drop and landed on my feet in a ditch. I couldn’t move.

My wife found me there as she came down the road and took me to the hospital. They found I had broken my right leg right above where it attaches to the ankle and sprained and fractured both ankles. I am still out of work and I need some kind of compensation for this. Is there anything I can do?

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 Richard,

It is not clear who you were employed by at the time of the injury. In the State of North Carolina, employers with three (3) or more employees are required to carry workers compensation insurance.

If employed, you must file a workers compensation injury claim with your employer. To do so you will need to complete a Notice Of Accident To Employer And Claim Of Employee.

In the event you were working for yourself as an independent contractor, and you think the property owner should pay for your medical bills, you will have two options:

First: Speak with the property owner and explain how you were injured while doing lawn maintenance on his or her property. See if the property owner will agree to submit an injury claim with his or her property liability insurance company. If so, the insurance company will likely pay your medical bills and related expenses.

Second: In the event the property owner will not cooperate, and you want to pursue the matter, you must be able to show the property owner was negligent. That will be difficult to do.

For example, negligence might be his or her failure to tell you about a deep hole which couldn’t be seen; or you were knocked over by the owner or an employee, family member or others on the property (for whom s/he had control); or there existed another dangerous condition you could not have reasonably discovered.

If you were self-employed at the time of the injury and you are unable to establish property owner negligence, you will need to file your injury claim with your medical provider.

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 19, 2017

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