My wife is a teacher and slipped on the cafeteria floor and shattered her knee cap, can she sue for damages?

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My wife is a teacher and slipped on the cafeteria floor and shattered her knee cap, can she sue for damages?

I’m told that in Indiana the only thing she an sue for is workman’s compensation. Is this true or can she also sue for damages?

Asked on March 18, 2015 under Personal Injury, Indiana

Answers:

Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

She can only sue outside worker's comp for damages if there was a Third Party, other than another school employee, who was negligent.  For example, if the school contracted out with an outside company to provide school lunches, and someone with this indepedent contractor spilled something and neglected to clean it up or warn of the danger, your wife might have a claim against such an outside contractor.  Absent such a situation, she is going to be limited to worker's compensation.


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