What are our rights regarding a worker’s comp case if my wife fell in her employer’s parking lot just before her shift?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are our rights regarding a worker’s comp case if my wife fell in her employer’s parking lot just before her shift?
She broke her wrist and has had surgery to repair it. A worker’s comp case was filed but we used our insurance because of the time involved with worker’s comp. What are our options if worker’s comp does not pay? My wife will be off work for some time.
Asked on August 24, 2014 under Personal Injury, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You most likely do not have any recourse unless the reason your wife fell was some inherently unsafe condition in the parking lot, such as potholes, large cracks, etc. which she tripped over or in. The problem is, your employer (and/or whomever owns/maintains the lot) is not your insurer: they are only liable if they were at fault, such as by not maintaining the lot in a safe condition. If they were at fault, you could possibly sue if not paid by worker's comp; but if not at fault, they would not be liable.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.