Bad fall walking into work. Didn't seek immediate medical attention. Mega spine pain! Personal injury or Workers Comp case?

Asked about 1 year ago - San Jose, CA

Tripped and fell on uneven concrete in work parking lot. After a week of dealing with back pain I went to the doctor. Doctor took me off work for 3 days to recoup with pain medicine. Back pain persists and is worse than the "pre-existing" back pain felt before the fall.

Attorney answers (11)

  1. Jeffrey Mark Adams

    Contributor Level 20

    15

    Lawyers agree

    Answered . Contact local and qualified workers compensation counsel. The delay in reporting and treating iaa a mega obstacle.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  2. David Ian Schoen

    Pro

    Contributor Level 20

    15

    Lawyers agree

    Answered . May be both.

  3. Andrew Daniel Myers

    Contributor Level 20

    14

    Lawyers agree

    Answered . Workers compensation covers injuries incurred during the course of employment. So, in that you were actually in the work parking lot it would seem workers compensation would apply. There would only be what is called a third party case if the parking lot area is owned or maintained by someone besides your employer. If so, you might have both claims. [removed]

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  4. Allister Rex Liao

    Pro

    Contributor Level 11

    11

    Lawyers agree

    Answered . It's hard to say for sure without some additional facts, which you may or may not have at this time...

    There probably is a worker's compensation claim, so you should definitely consult with a Workers Comp attorney.

    Whether or not there is a personal injury claim that runs alongside depends on a few things:
    (1) Who owns, controls, maintains, leases, and/or occupies the parking lot? If it's someone other than your employer, then you could have a personal injury case against them.
    (2) Even if the answer to #1 above were your employer, you could seek compensation against your employer through a civil personal injury action if your employer was not properly insured (or self insured).

    Separately, if the employer's conduct were to be determined "serious and willful," then there can be an up to 50% enhancement of benefits awarded the injured employee. See, California Labor Code, Sections 4550 et seq. (http://www.leginfo.ca.gov/cgi-bin/displaycode?s...)


    So, in short and probably as you guessed, it's complicated. You're advised to consult a licensed attorney. Best of luck to you!

    This information is not legal advice, does not create an attorney-client relationship, and is intended for general... more
  5. Manuel Alzamora Juarez

    Contributor Level 20

    11

    Lawyers agree

    Answered . Workers Comp for sure. Third party claim, only, if property was maintained by a third party and that party negligently maintained and had notice of uneven concrete in parking lot. Best of luck.

    This answer is provided by California Auto Accident Attorney Manuel A. Juarez, Esq., These answers are not... more
  6. Robert Bruce Kopelson

    Contributor Level 20

    10

    Lawyers agree

    Answered . Start with a workers comp atty and have him/her look at whether you have a 3d party injury case as well.

  7. Christopher John Gansen

    Pro

    Contributor Level 18

    10

    Lawyers agree

    Answered . Call a WC lawyer first. If you don't actually speak with an attorney when you call, hang up and call another firm.

  8. John L. Schroeder

    Contributor Level 18

    10

    Lawyers agree

    Answered . Worker's comp

  9. Christian K. Lassen II

    Pro

    Contributor Level 20

    10

    Lawyers agree

    Answered . Workers compensation

  10. Maryam Parman

    Pro

    Contributor Level 15

    8

    Lawyers agree

    Answered . Please file a claim with your employer for the injury. It is advisable to speak to a worker's compensation attorney and be seen by the right doctor. Damage to your spine can be very serious. Additionally, take some photographs of the uneven concrete work in the parking lot. If a different party other than your employer performed the concrete work, you may also have a third party personal injury case.

  11. S. Sean Bral

    Contributor Level 3

    5

    Lawyers agree

    Answered . If you are on the way to work, not on the clock, not doing a job for employer it may not necessarily be a work comp case. I have argued similar facts to get it out of workers comp which limits recovery as compared to direct liability claim against third party (called "third party claim") such as the parking lot owner (and insurance company) or parking lot operator (and insurance company).

Related Topics

Pain and suffering for personal injury

Pain and suffering refers to physical and mental trauma caused by an injury, and is often a significant component of non-economic damages.

Personal injury

If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.

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