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Slipped and fell at work due to water leaking from toilet area. Is this a simple wc case?

Union, NJ |

Informed upper management several weeks ago but was never fixed. Needed to constantly mop area. Required knee surgery, and PT.

I meant to say i informed management severel weeks prior to accident by email. maintenance person is employed by the company. the building is leased.

Attorney Answers 8

Posted

First, a WC attorney should be consulted in either case.
Second, if warned of a dangerous condition, and it was not fixed, it could go beyond WC.

This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.

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Posted

You may have more than one type of claim.

Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

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Posted

you definitely have a workers comp claim.in those types of cases, liability does not need to be established, only the extent of the damage.there could be an additional claim, however there are hot enough facts to give you a specific answer on that.

Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship. There are always specific facts that are important for an attorney to review before providing advice to a Client. In no way should you rely on the response provided herein to conduct your legal affairs on your own. You should always hire an attorney before you rely on advice provided.

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3 comments

Asker

Posted

What info is pertinent in this case

Raymond Andrew Grimes

Raymond Andrew Grimes

Posted

How long the condition had been there. Whether it was a hazardous condition (as defined by caselaw). Whether the employer had notice of the condition. Whether anyone else was injured as a result of the condition. And Despite all that, the employer took no action whatsoever to correct the condition. Facts would have to be obtained and applied to the case law. It is basically a legal analysis after the information is applied.

Raymond Andrew Grimes

Raymond Andrew Grimes

Posted

Sorry, when I said employer, I meant landlord. a review of the lease would also be helpful.

Posted

It sounds like you have a workers compensation case. Whether you have anything more depends upon the nature of the relationship between your employer and the building owner. You should consult with an attorney who handles workers compensation and personal-injury cases. Use Avvo find a lawyer feature to locate one near you. Look for an attorney who belongs to NJAJ. This is an organization devoted to representing injured persons.

The content of the this submission is intended to provide general information on the topic presented, and is offered with the understanding that the author is not rendering any legal or professional services or advice. This submission is not a substitute for legal advice. Should you require such services, retain competent legal counsel.

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Posted

Most likely, yes, unless third party is liable, i.e. maintenance company, flooring company, building owner, building management, etc. Otherwise, WC is your only recourse. And I am sorry to hear about your injury.

My comment should not be construed as legal advice and it does not give rise to an attorney-client relationship

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Posted

The answer to your question is YES. Your claim is covered by a law in N.J. called The Workmans Compensation Act. This law protects employees that have been unintentionally injured in the course of their employment. Good luck.

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Posted

You should consult with an experienced Workers' Compensation attorney at once.

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Posted

Generally, you would definitely have a worker's compensation case if your accident occurred at your place of employment, while you were doing work that was in the scope of your employment, and during your work hours. In addition, you may have what is known as a 'third party' claim against the landlord of the building and/or building management company and/or a maintenance company. This would then take your case outside of a 'simple' wc case. As with all cases, the facts will determine exactly what types of claims you can successfully pursue. You should certainly contact an attorney with a practice focused in worker's compensation/personal injury to discuss your case and get more specific information based on your specific facts. I wish you success.

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