Am I eligible for compensation after falling through an access panel at work? 17 Answers as of October 29, 2012

It was about a four feet drop. I received a huge gash on my leg that required 41 stitches. There was no notification about the panel being lifted off and work being done. There were no cones, flags, signs, or tape indicating there was danger ahead. In addition, this accident happened in a room that was missing proper lighting. I work for a communications company but there was another contracting company performing work that caused my accident. No one from that company contacted me to let me know they would take care of any bills or anything. Do I need to secure councilor or is this too small of an injury?

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Yes. Report it, and make sure that the employer gives you a copy of the form which is to be filed with the compensation department.
Answer Applies to: Michigan
Replied: 10/29/2012
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
You are probably limited to your remedies under Worker's Compensation. It is possible, however, that you may be able to escape that limitation due to the negligence which you have accused her employer and others of. You should seek legal counsel.
Answer Applies to: Michigan
Replied: 10/26/2012
Bulman Law Associates PLLC Injury Law Firm
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
Too small. File your Worker's Comp claim and carry on. Now you can give a speech to your coworkers about the need to follow all the safety rules.
Answer Applies to: Montana
Replied: 10/26/2012
Lewis B. Kaplan | Lewis B. Kaplan
Two possible claims here . First is a worker's compensation claim . Second is a claim against the "contracting company "which was not your employer.
Answer Applies to: Illinois
Replied: 10/26/2012
David F. Stoddard
David F. Stoddard | David F. Stoddard
It seems too small to justify a suit. You are entitled to have your medical bills paid by your employer under workers compensation. You may have a suit against the other company for whatever damages you have suffered.
Answer Applies to: South Carolina
Replied: 10/26/2012
    Robinette Legal Group, PLLC
    Robinette Legal Group, PLLC | Jeffery Robinette
    Your first course of action should be to file a worker's compensation claim for your medical bills. Many injured workers think that their financial damages for medical bills and lost earnings are limited to West Virginia workers' compensation benefits. Workers' compensation laws say that you cannot hold your employer accountable for damages above the amount of benefits paid by the workers' comp insurance unless you can prove the employer acted with "deliberate intent," as provided in W. Va. Code 23-4-2. In many workplace injury and wrongful death cases, however, there may also be a third party who can be held liable for negligence. The third party can include the manufacturer of a piece of defective industrial equipment, the property owner or a subcontractor working on the same job site.
    Answer Applies to: West Virginia
    Replied: 10/26/2012
    Peacock Law Group of the Lowcountry, LLC | Richard Peacock
    This sounds like at least a permanent disfigurement with some lost time at work. You should consult with a local attorney as soon as possible regarding this matter.
    Answer Applies to: South Carolina
    Replied: 10/26/2012
    Sedin Begakis & Bish | Mindy Bish
    You have two potential cases. The first is a worker's compensation case and the second is a case against the company that created the dangerous condition which lead to your fall and injuries. It is my experience that you will need an attorney's assistance if you want them to pay attention to you.
    Answer Applies to: California
    Replied: 10/26/2012
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    You may be entitled to both workers' compensation and third party damages. The other contractor reference has my attention for a potential third-party action. The only way to know is for the lawyer to investigate further.
    Answer Applies to: Iowa
    Replied: 10/26/2012
    Beach Whitman Cowdrey LLP | Eric S. Emanuels
    No. The third party (not your employer) caused your accident. Thus, you have the right to sue that third party. You are also entitled to workers compensation benefits since you were injured in the cause and scope of your work. However, your employer's workers compensation insurer, has the right to subrogation, which is a fancy term meaning it can also seek reimbursement from the negligent third party that caused your injury. You should seek a lawyer, as that lawyer will negotiate a reduction of the workers compenstion insurance company's right to seek reimbursement from your settlement with the negligent third party.
    Answer Applies to: California
    Replied: 10/26/2012
    Graves Law Firm
    Graves Law Firm | Steve Graves
    Talk to a lawyer and let the lawyer decide whether your injury is worth asserting a claim against the contractor who created the hazard. It won't cost you anything to try.
    Answer Applies to: Texas
    Replied: 10/26/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You have a worker comp claim against your employer. You might get a small lump sum for scarring in that matter. You might sue the other contractor who caused the injury and your settlement might be a bit ore generous.
    Answer Applies to: North Carolina
    Replied: 10/26/2012
    Maurice L. Abarr  Lawyer, Inc.
    Maurice L. Abarr Lawyer, Inc. | Maurice L. Abarr
    In my opinion you need legal counsel. And the sooner the better. The other contractor should be held responsible. Of course, you also have a Workers' Comp claim.
    Answer Applies to: California
    Replied: 10/26/2012
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    You should either contact your state's Worker's Compensation Commission or a lawyer who handles work-related injuries for specific assistance.
    Answer Applies to: Indiana
    Replied: 10/26/2012
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    Yes, very much so. Sounds like a labor law case and a worker's compensation claim. Find a personal injury attorney with experience in labor law that is located near you.
    Answer Applies to: New York
    Replied: 10/26/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    First and foremost, you can collect worker's comp from your employer. That will cover your medical expenses and time out of work. You may be able to go after the other contractor, but their liability company would have to reimburse the comp carrier before you can collect for pain and suffering.
    Answer Applies to: New York
    Replied: 10/26/2012
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