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

Asked about 1 year ago - 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)

  1. Andrew Daniel Myers

    Contributor Level 20

    7

    Lawyers agree

    Answered . 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.... more
  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Retain a local workers comp lawyer to investigate.

  3. Seth Jason Greenhill

    Contributor Level 10

    5

    Lawyers agree

    Answered . 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... more
  4. Jeffrey Ira Schwimmer

    Contributor Level 19

    5

    Lawyers agree

    Answered . 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.

  5. Burton A. Padove

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . 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... more
  6. Christopher David Wyant

    Contributor Level 9

    2

    Lawyers agree

    Answered . 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... more
  7. David A. Papa

    Contributor Level 16

    2

    Lawyers agree

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

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