I was walking on the pedestrian side of the handicapped parking lot at my work when I slipped and fell and landed on my left shoulder and hip. It’s been more than 5 days now
and I haven’t seen by doctor due to worker’s compensation insurance taking so time.
Meanwhile my hip has been bothering me and I want to see a doctor even if I have no workers comp claim number yet. If something is wrong with me can I sue for liability secondary to negligence since the workplace did not put salt in the parking lot? Thank you.
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.
Regrettably the answer is no. If the parking lot is owned by your employer and you were injured on the lot, you will be subject to New Jersey’s workmans compensation rules and regulations. You can see an independent doctor but you may not be able to be compensated for the medical bills you incur.
The best action to take is to contact your insurance company representative and demand that she provide a list of the company’s approved doctors.
You have every right to be seen by a doctor on that list.
If your employer will not cooperate you may have to consider retaining a workmans compensation personal injury attorney. If you are forced into that position you should know almost all workmans compensation personal injury attorneys will not charge any legal fee for an initial office consultation.
Sometimes it’s best to counsel with an attorney at the time you feel you are being ignored or deprived of appropriate medical care.
If a workmans compensation personal injury attorney accepts your case, you will generally not have to pay her any amount until and unless she prevails in your case. At that point the attorney’s fees are governed by law and are comprised of a set percentage of the total recovery.
Learn more here: Off-the-Clock Work Related Injuries
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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