Hello i am a Target Employee who has been injured by a slip and fall. i am currently seeking medical attention to treat my injured hip. i was told i couldn't sue based on workers compensation ; however my employer was negligent on his behalf . They were told several times that the floor was inoperable. Several other people including customers fell within the same day and even after. Do i have a case?
Personal Injury Lawyer
You were told correctly. Speak with local and qualified workers compensation counsel. Good luck.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com
You likely have a workers compensation claim but probably do not have a negligence claim. While there are a few exceptions, if someone in CT is hurt on the job, your remedy is through the workers compensation system. On the plus side, you don't have to prove fault or blame - only that you were hurt at work. On the down side, your recovery is limited. Certainly Target's workers compensation carrier should be paying your medical bills. Contact a lawyer ASAP to file the claim, or research how to do it yourself (lots of folks represent themselves in workers compensation claims). Good luck!
DISCLAIMER: This is generic information that is not specific to your facts and should not be relied upon. It is not legal advice. I am not your attorney.
Personal Injury Lawyer
You cannot sure your employer for a work-related injury--it's a workers comp claim. But if some third party is responsible, you could sue them. For example, say an outside contractor came in and did something negligent to the floor that caused you to fall, you could sue the contractor. But if your employer is responsible and you were in the course and scope of employment at the time of the fall, you are limited to workers comp.
You can certainly bring a workers' compensation claim; however, suing your employer requires some gross negligence on his part, or some OSHA violation for which they were on notice to correct, but didn't.
It's difficult either way. It's possible there may be some type of product liability claim, though your facts are silent as to such a possible claim.
Attorney Bonanno's answers to questions are for general purposes only and do not establish an attorney-client relationship. You should carefully consider advice from an attorney hired and who has all facts necessary to properly advise a client, which is why these answers to questions are for general purposes only and do not establish an attorney-client relationship.
Personal Injury Lawyer
Based upon the information you have provided, you do not have a negligence claim against your employer. However, if Target used a contractor to maintain the store floors, then you can pursue a negligence claim against the contractor.
What you have been told by my colleagues is the law in most states. Unless there is some exception which applies, your recovery will be limited to workers' compensation.
I will evaluate your case for free. I can also refer you to an attorney to help you if I cannot help you. Joyce J. Sweinberg, Esquire 215-752-3732 www.jjsassoc.net Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.
Workers comp, thus, retain a local workers comp lawyer.
Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
Based on what you have told us, you have a workers compensation claim, but you do not have a direct claim for negligence against your employer.Contact a workers compensation attorney to ensure that you are receiving all the benefits to which you are entitled.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
This ans. does not create an attorney/client relationship.