What options are available when individuals working for a commercial property create an unsafe condition that later causes personal property damage and aggravates a medical condition who does not want to deal with insurance?
2 Answers from Attorneys
Unfortunately, you will almost surely have to deal with the insurance coverage for the property if you want to pursue a claim. The carrier will initially explore whether the individuals who created the condition did so as part of their duties, or whether management was aware of the dangerous condition and failed to rectify it. Otherwise the carrier may refuse coverage. As for the aggravated medical condition, you would have to establish that it was caused by the unsafe condition in order to qualify for compensation or loss recovery.
You have 2 issues: 1) Is whether you wish to assert a liability claim against the party who created the dangerous condition, even if it is your employer. 2) Is whether you wish to make a workers comp claim for the aggravation of your preexisting personal injury which will require that you receive treatment for this aggravation.
The personal property that was damaged (possibly by your employer's negligence) is not precluded by the workers comp statute. But I would not make a property damage claim against your employer if you hope to be employed for a long time...
Walter E Laake Jr.