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Bad fall walking into work. Didn't seek immediate medical attention. Mega spine pain! Personal injury or Workers Comp case?

San Jose, CA |

Tripped and fell on uneven concrete in work parking lot. After a week of dealing with back pain I went to the doctor. Doctor took me off work for 3 days to recoup with pain medicine. Back pain persists and is worse than the "pre-existing" back pain felt before the fall.

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Attorney answers 11

Posted

Workers compensation covers injuries incurred during the course of employment. So, in that you were actually in the work parking lot it would seem workers compensation would apply. There would only be what is called a third party case if the parking lot area is owned or maintained by someone besides your employer. If so, you might have both claims. [removed]

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.

Posted

Contact local and qualified workers compensation counsel. The delay in reporting and treating iaa a mega obstacle.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

Asker

Posted

Latest update----Case has been accepted by company W C insurance provider. MRI shows worsening disk issues and occ med has referred me to neuro for consult-

Posted

May be both.

Posted

It's hard to say for sure without some additional facts, which you may or may not have at this time...

There probably is a worker's compensation claim, so you should definitely consult with a Workers Comp attorney.

Whether or not there is a personal injury claim that runs alongside depends on a few things:
(1) Who owns, controls, maintains, leases, and/or occupies the parking lot? If it's someone other than your employer, then you could have a personal injury case against them.
(2) Even if the answer to #1 above were your employer, you could seek compensation against your employer through a civil personal injury action if your employer was not properly insured (or self insured).

Separately, if the employer's conduct were to be determined "serious and willful," then there can be an up to 50% enhancement of benefits awarded the injured employee. See, California Labor Code, Sections 4550 et seq. (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=04001-05000&file=4550-4558)

So, in short and probably as you guessed, it's complicated. You're advised to consult a licensed attorney. Best of luck to you!

This information is not legal advice, does not create an attorney-client relationship, and is intended for general informational purposes only. Said information is given in the context of California law.

Posted

Worker's comp

Posted

Workers Comp for sure. Third party claim, only, if property was maintained by a third party and that party negligently maintained and had notice of uneven concrete in parking lot. Best of luck.

This answer is provided by California Auto Accident Attorney Manuel A. Juarez, Esq., These answers are not intended to form an attorney client relationship. Manuel Juarez. Esq., is licensed only in California. He practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California. El abogado de lesiones y heridos en accidentes de autos, Manuel A. Juarez es licenciado solo en California.

Posted

Workers compensation

Posted

Start with a workers comp atty and have him/her look at whether you have a 3d party injury case as well.

Posted

Call a WC lawyer first. If you don't actually speak with an attorney when you call, hang up and call another firm.

Posted

Please file a claim with your employer for the injury. It is advisable to speak to a worker's compensation attorney and be seen by the right doctor. Damage to your spine can be very serious. Additionally, take some photographs of the uneven concrete work in the parking lot. If a different party other than your employer performed the concrete work, you may also have a third party personal injury case.

Posted

If you are on the way to work, not on the clock, not doing a job for employer it may not necessarily be a work comp case. I have argued similar facts to get it out of workers comp which limits recovery as compared to direct liability claim against third party (called "third party claim") such as the parking lot owner (and insurance company) or parking lot operator (and insurance company).

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