Ask the Attorney: I Got Injured AT the Office, Not IN the Office. What Can I Do?
Dear Ask the Attorney:
Last week I was walking in the parking lot of the office building that I work in. My high heel shoe got caught in a crack in the pavement and I went down, hard! I broke my ankle and both my wrists (trying to keep my face from hitting the pavement). I cannot work for the next few weeks because I am a secretary (my son is typing this email as I dictate
it). What can I do? I need to pay my bills.
Sincerely,
F.H.
Our guest blogger today, Thomas F. Dorn, Esq. is counsel to the firm of Einhorn Harris Ascher Barbarito & Frost, P.C. He is certified by the Supreme Court of New Jersey as a Civil Trial Attorney and Workers’ Compensation Attorney.
Dear F.H.:
Your question raises several potential options as to what to do. It all depends on the certain facts about the circumstances of your fall in the parking lot.
If your employer owns the entire property (the building and the parking lot) here you fell then you have the right to pursue a workers’ compensation claim against the workers’ compensation insurance company for your employer. Because you fell on your employer’s premises—the parking lot—your injury is treated as a workers’ compensation case even though you were not actually working when you fell. As a result, your medical treatment will be directed and paid by the Employer’s workers’ compensation insurance company. However, after the initial hospital visit, you cannot go to a doctor of your choice; the medical provider must be authorized by the workers’ compensation insurance company.
Because you will be unable to work for several weeks, the workers’ compensation insurance company will pay you temporary disability at the rate of 70% of your gross weekly salary until you are cleared by the company doctor to return to work. To be eligible for temporary disability you must be unable to work for at least seven days. Also, based upon the severity of your injuries (broken ankle and wrists) you also have the right to file a claim petition in workers’ compensation court in the County where you live. A judge assigned to your case will ultimately award you some type of monetary award for the injuries that you sustained.
If you work in a building with multiple tenants or businesses and your employer does not own the parking lot or the entire property then you will most likely not be able to pursue a workers’ compensation claim because you did not fall on company premises when you were injured. Under these circumstances you may pursue a personal injury case against the owner of the property for having a negligent condition (cracked pavement) in the parking lot. Your medical bills would be paid by your health insurance so you can go to any medical provider under your plan. If you do not have health insurance the insurance company for the owner of the property may pay some of your bills but you may have to wait until the end of any personal injury lawsuit for your bills to get paid. If you are unable to work then you have the right to file for short term disability if your employer provides private disability insurance or you can file for New Jersey State Temporary Disability benefits if your doctor states that you cannot work for a period of time.
The answer to your question is dependent on the facts. You should consult with a
workers’ compensation attorney and/or a personal injury attorney to help you determine your rights and determine what, if any, type of case to pursue.
“Ask the Attorney” is a blog in which answers to your legal questions submitted to asktheattorney@einhornharris.com may be answered. The answers to the questions are for informational purposes only and are not to be construed as legal advice or the creation of an attorney-client relationship. The facts of each case is different, therefore you should seek competent legal representation.
Jon
8:41 pm on Thursday, May 10, 2012
She should also sue the shoe manufacturer for failing to warn of the risk of this type of incident, and for failing to design the shoe in such a way as to prevent this type of incident, for example by employing a larger heel tip or a breakaway spike.
And she should also sue her cell phone provider for failing to warn her not to read text messages while walking instead of watching where she places her heels, if indeed that was the case.
And some advice for the future: Keep the high heels in a desk drawer at the office, and wear sneakers or flats to travel between home and the office.
You may detect a hint of sarcasm in these comments. If you travel to other countries, you'll find that people laugh and scratch their heads in amazement that Americans will sue in instances like this where the root cause was so clearly personal negligence or inattentiveness on the part of the injured. (To wit, how many other people in heels also walked across that same crack without having the same outcome?) Cases like this provide a continuous source of revenue for insurance companies and attorneys; that's what they are good for.
My personal philosophy: Live your life as if you had no insurance.
When I was a kid, we learned "Step on a crack, break your mama's back."
I guess it worked, because I learned to always watch where I am walking, and nothing like this has ever happened to me. Granted, I don't run around in high heels, but still...