If I slipped and fell on ice on a walkway near our parking lot and broke my ankle, what are my rights?

I now need surgery and will be out of work for 6 months. The apartment manager has not called me back now after 3 phone calls. How do I get partial disability and how do I protect myself financially?

Asked on February 27, 2015 under Personal Injury, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unless you purchased disability insurance or your employer provides it, you would not receive "partial disability"--there is no general disability insurance or coverage out there for people who are injured.

If you believe that the building was at fault in that 1) they controlled that walkway (i.e. they owned or rented that land), 2) they knew or should have known there was ice (they would only be at fault if they had some reason to take action), and 3) despite having known of the ice, they failed, despite having enough time/opportunity to do something, to take any action, then you could sue them for negligence and try to recover medical costs and lost wages. You should speak with a personal injury attorney about the situation, to evaluate if you have a case and what it might be worth. Note however that even if you can sue them to recover medical costs, that is *reimbursement* of medical expenses--you will have to initially pay your medical bills to the extent they are not paid by health/medical insurance or medicare/medicaid.


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