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I slip and fell at work because of another employee negligence. Am i able to sue for pain and suffering and time off work?

Hammond, IN |

I slip and fell at work on water because of another employee negligence mopping without a sign. I have bruising and soft tissue edema contusion and neromas. Ive been off work on doctors orders for a month and a half now and my employee is refusingto give me workers compensation. Can i sue and would I have a good case?

Attorney Answers 7

Posted

See a workers compensation attorney. Workers compensation insurance companies often deny claims. Obtain aggressive representation from an attorney who regularly practices workers compensation law. HERE'S MORE:

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

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Posted

You are best seeking advise from a workers compensation attorney.

The information provided herein is not intended to be legal advice and no attorney-client relationship exists as a result. Before relying on any advice, please consult an attorney.

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Posted

In most states, workers compensation is the exclusive remedy for injuries and damages suffered due to an on-the-job accident; you can not sue the employer or even a co-worker based on a negligence theory. However, it is improper and illegal for the employer to refuse to provide worker's compensation. As suggested, consult with a W.C. attorney who can help you file for workers comp despite your employer's actions. Parenthetically, some states, such as NY where I am, permit an injured worker an option of obtaining w.c. benefits from a special fund where the employer fails to carry the necessary w.c. insurance, etc, or, in the alternative, to sue under a negligence theory due , but that requires special pleadings to be included in the complaint. Maybe your state has similar law(s). A W.C. attorney in your area will be able to advise you, accordingly.

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1 comment

Ronald Frederick Layer

Ronald Frederick Layer

Posted

Indiana is on of those States, you can only file for workman's compensation, which does not include "pain and suffering". That is provided the "co-worker" is truly a fellow employee of your company. If he was an employee of a different company working at your same site you could file what is called a "third party" claim against him and his employer. But is really a employee of your same company only work comp benefits apply. Call an attorney in your area that handle work comp cases and get the benefits you are entitled to under your specific circumstances.

Posted

Retain a local workers comp lawyer to investigate.

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It sounds like you have a valid claim. You should contact a local attorney as soon as possible.

Mr. Padove is licensed to practice law in Illinois and Indiana. He can be contacted at Burtonap@aol.com (219) 836 2200. 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. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below.

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Your claim will most likely need to be brought with the Indiana Worker's Compensation Board. You should contact a local worker's compensation attorney. Good luck!

Chris Wyant Attorney at Law Brown Tompkins Lory & Mastrian 608 East Market Street Indianapolis, Indiana 46202 317-631-6866 phone 317-685-2329 fax cwyant@btlmlaw.com www.btlmlaw.com

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Posted

You may have a valid claim but I agree with the others---Get a Workers Comp attorney ASAP.

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