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.
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]
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!
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.
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).
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