i am currently awaiting a settlement in a workmans comp case. i fell outside the building where i work because of ice on the sidewalk. can i also sue for negligence?
2 Answers from Attorneys
If you have a work comp claim, you cannot also sue yrou employer over the same incident.But, you may be able to sue a private contractor that was responsible for removing the snow.
Hi. I am sorry to hear about the accident. I am a Missouri attorney that focuses my practice on workers' compensation and personal injury claims and handles cases throughout the state.
Yes, there is a possibility that you may well have a personal injury claim, in addition to the workers' compensation claim. A personal injury case often will yield a higher rate of compensation, because, unlike workers' compensation, you are also entitled to a sum of money for pain and suffering that resulted from the incident. A few details would be needed to determine the likelihood of a sucessful personal injury claim. First of all, had it recently snowed before the accident, or had several days passed since the snow? There is a duty of care to remove snow and ice in pedestrian traveled areas, and if snow was not properly removed, you may have a solid case.
If you have not dicussed the workers' compensation claim and settlement amount with an attorney, you should do so without delay, to be certain that you are maximizing the amount you are entitled to with that claim as well.
For convenience, I can also be reached via e-mail at [email protected] Thanks.
NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client privilege or relationship between the user and the attorney responding.
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