I work for a large retail store in NY who usually rents space in malls, as is the case for my particular place of employment.
I slipped on water and fell outside the restroom at work. There are two sets of restrooms; male and female, situated adjacent to each other, and are for the use of the store's customers and employees.
Both sets of restrooms have had leaking toilets for more than a year. The seal around the base of the toilets are not for commercial use. My employer submitted a request for the mall to fix this problem long ago to no avail. The leak collected in the ladie's bathroom foyer where it had completely saturated the carpet near the exit/entrance. On exiting, I slipped and fell right outside the door on the tiled floor, injuring my back and shoulder.
In addition to a potential workers compensation claim, you can bring an action for on the job injuries if they were caused by someone other than your employer or co-worker. Assuming you have an injury that warrants an action, the answer is yes. You should consult with an attorney in your area as soon as possible.
You have to sue the mall, It does not benefit from the workers comp defense, and it sounds like you have a good case. Please see my disclaimer.
As an aside, make sure you have photographs. Also, depending on why you were using the public bathrooms, you may be able to file with workers comp as well.
Your primary claim where you were injured while at work is a workers compensation claim with regard to your employer and their workers compensation insurer. However, where a third party is negligent other than yourself or the employer, then that third party can be held liable. Your claim is not without challenges and you need to consult with an experienced injury attorney ASAP.
See the blog links below for more information, and I wish you the best:
First If I were you I would not discuss this matter publicly. Second you can consult local lawyer who is competent for workers compensation and third party action. Local lawyer will provide proper advice in this condition.
However here are the general law in New York. Under New York State Workers Compensation Law section 11 employers liability is exclusive to his employee if employee sustained injuries on the work as long as employer secures the payment of compensation for his/her employee. If employer does not secured such payment of compensation as required by New York at that condition employee has two option either commenced claim under workers compensation Law before Workers' Compensation Board or commenced third party action.
Other than the employer such as property owner, other person who was responsible for maintenance and repair may be liable under New York Law.
There are may other possibilities and need to check other law as well but it will determined by your lawyer once your hired one.
Please be advised that this is not a legal advice it is just some part of law I am telling you.
It seems that you have a valid case. BUT what is the extent of your injuries?
Any tear as confirmed by MRI?
Is surgery recommended?
If yes to any of the above, please contact me.
PS: You also need to file Workers' Comp claim for your medical bills, hosp bills & lost wages.
Get free answers from experienced attorneys.
25,905 answers this week
2,889 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary