Q: NY, workplace parking lot slip on ice. Severe ankle injury requiring surgery. Slip/Fall attorney? Workman comp? or both?
Slip caused 2 breaks, 1 fracture & dislocated ankle requiring 1 plate & multiple screws, 3 month recovery minimum. Workman comp issues are piling up - in home care, physical therapy, transportation to doctor etc. There are also many long-term personal losses and costs to my wife and I. So, what do I need to do, retain a Personal Injury attorney, a Workman Comp attorney, or both?
A: If your employer owned the parking lot you likely have only a comp case. However, if an outside contractor was in charge of removing snow and ice, then there is a possible “third party action” available against the contractor depending on the extent and nature of the contract.
A: To answer your question about what type of attorney, you could start by reaching out to a workers' comp attorney. An experienced comp attorney should be able to assess the matter and advise about additional causes of action require attention. Good luck
A: Sorry to hear what happened to you. If you fall took place while you were on the job, you should definitely start by speaking a workers' compensation attorney. Workers' compensation will pay for your time out of work and medical expenses. As to whether you might have a viable third-party action, as my colleague correctly advised, it will depend on who owns the parking lot and is responsible for removing snow and ice from it. If your employer owns the lot and removes snow and ice from it, workers' compensation will likely be your exclusive remedy. If a snow removal company is responsible for removing snow and ice from the lot, however, it may be responsible for your injury if it negligently performed its contractual obligations and, in doing so, launched an instrument of harm, i.e. made the condition more dangerous. Speak with an experienced personal injury attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage.
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