Does it make a difference if I say I was tripped by a repairman or if I say I tripped over a repairman?

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Does it make a difference if I say I was tripped by a repairman or if I say I tripped over a repairman?

I work in a school cafe’ and a repairman was laying on the floor during our lunch lines and I got passed him but he must have caught me out of the corner of his eye and moved and I tripped. I have been on workman’s comp ever since however I have decided to take an early retirement and not go back this year. I have to now sign off of workman comp and the sign off sheet says I tripped over a repairman (which I did and stated that in my original statement ) but like I said he actually tripped me so does the wording mean anything negative against me if I decide to sue?

Asked on August 22, 2012 under Personal Injury, Pennsylvania

Answers:

Andrew Goldberg

Answered 8 years ago | Contributor

First, if the repairman and you were both employed bt the same employer the school district ), you cannot sue a coworker or employer for negligence in Pennsylvania. You would only have a workers comp. claim. If the repairman worked for a diiferent employer ( Sears ), you can sue for negligence. I cannot advise you to change your statement. You should speak the truth. However, to pursue a negligence claim, you must prove negligence rather than intentional conduct by the repairman.


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