I fell on broken sidewalk at work and workman's comp denied the claim - what can I do?

Asked over 3 years ago - Colorado Springs, CO

There is broken sidewalk on private property at the college I work for. I fell a month ago and broke my leg and might need surgery. Today, workman's comp denied my claim since I was at the library checking out a book for personal use. What should I do? I fell because of the broken sidewalk and I don't think I should be responsible for my medical bills.

Attorney answers (4)

  1. Linda Jane Chalat

    Pro

    Contributor Level 12

    Answered . You have a premise liability claim against the property owner responsible for the safe condition of the sidewalk. These types of cases are often called "slip and fall cases." We have had good outcomes for clients with such claims, even achieving punitive damages against Sheridan Hotels for a non-skid bathtub fall. We would welcome the opportunity to discuss your case and answer your questions. Please keep inmind that you have a two year statute of limitations for premise liability claims in Colorado, you must file within two years of the accident or lose your right to do so.

    The information provided to you in this answer is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation if you have further questions.

  2. Charles Matthew Rittgers

    Pro

    Contributor Level 6

    Answered . You need to find a lawyer in the Colorado Springs area that practices personal injury law. A local lawyer will be able to assess the circumstances of your fall and determine whether an entity or individual is liable. Most competent personal injury attorneys will investigate your potential claim without charging you.

  3. Andrew Daniel Myers

    Contributor Level 20

    Answered . An insurance company's denial of a claim is not the end of the case. Workers compensation benefits are controlled by statute in each state. Workers compensation attorneys are a very special breed and they specialize in this area with knowledge of the state statutes and regulations that dictate what benefits are available to workers who are injured during and in the course of employment. There are many rules that workers compensation attorneys know and apply on a regular basis.

    Anyone injured in the course of employment should retain a workers compensation attorney. Workers compensation attorneys do not charge for an initial consultation and most fees are paid directly by the insurance company. An attorney representing you has a duty to pursue all benefits due to you. Insurance company claims adjusters are not going to notify you as to all of the benefits to which you are entitled. Their interest is to close the file as early and efficiently – to them – as possible.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

  4. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . You should obtain needed medical care and treatment immediately and follow your doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to your medical records. Photograph your injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.

    Legal Disclaimer:

    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 insure proper advice is received.

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