South Portland, ME asked in Personal Injury and Workers' Compensation for Maine

Q: can i sue an employer outside of workers comp for permanent tbi injuries and shoulder surgery with permanent injuries

I have gone through workers comp court and somehow the judge did not hold the employer responsible for this injury. The employer admitted responsibility for shoulder injury but denied responsibility for head injury which was all part of the same fall on work property that was covered in ice and snow, had not been plowed in days. My friends and family that have seen results of my tbi are stunned by the judges decision. My attorney has filed a finding of fact but I'm wondering if I should get a new attorney? This is going over 2 years now. The employer was clearly negligent and also it came to light in court hearing that the employer (nationwide company) hid/lied about the video surveillance requested by my wc attorney. This would have shown me lying unconscious on the ground. I am left with permanent life altering tbi and shoulder issues that make working difficult. I previously ran my own company for decades with no issues and was very healthy. All my doctors concur with diagnoses.

1 Lawyer Answer
Anthony K. Ferguson
Anthony K. Ferguson
  • Lewiston, ME
  • Licensed in Maine

A: You are unable to sue your employer for your head injury because under Maine law an employer is immune from liability outside of any worker's compensation benefits you may be entitled.

Assuming that your employer is not the owner of the property where the injury occurred, you may have a claim against the property owner. A property owner is not responsible for someone’s injuries just because the injury occurred on their property. You would need to establish that the owner should have remedied the conditions that caused your fall. If the video surveillance shows your fall, it could be helpful.

I wish you the best in getting the worker's compensation hearing officer to change his decision.

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