Workplace fall accidents are one of the most common causes of work related injuries. Fall accidents in the workplace tend to occur in multiple places, such as bathrooms, stairwells and parking lots.
In most workplace fall accident situations, the worker will not sustain any major injuries. However, in some instances, the worker will suffer serious injuries such as broken bones, spinal injuries and head injuries. This article will discuss an injured worker’s right to financial compensation after a workplace fall accident in a parking lot using the following example.
Trip and Fall Accident in an Employee Parking Lot
A hospital nurse parks her car in the employee designated parking lot and is heading into the hospital to begin her shift. She stumbles over a large hole in the asphalt and puts her hands out to break her fall. Unfortunately, she breaks her right wrist and suffers a tendon injury in her left shoulder. The fracture requires a cast and rehab. As a result, the nurse is unable to resume work duties for several weeks.
She returns to work after 8 weeks, and as she resumes her work duties which include lifting patients, she begins to experience pain in her wrist. After a few months, the pain gets worse. So, she sees her orthopedic surgeon who orders an MRI and additional physical therapy. The MRI reveals a nonunion, i.e., the fracture has not healed. The surgeon recommends surgery, an internal fixation which will involve opening the wrist and inserting a screw to help the fracture heal. She has surgery and is out of work again during the recovery and physical therapy.
Workers’ Compensation Benefits
Immediately after the accident in the parking lot, the nurse filed a workers’ compensation benefits claim. Her medical treatment was covered, and roughly 60% of her lost wages were paid by the workers’ compensation insurance company. However, this creates a financial burden, and she has to dip into savings to keep afloat. Does she have any other legal remedies to recover for her lost wages?
Getting Compensated for Lost Wages, Pain & Suffering, Etc.
In both Pennsylvania and New Jersey, the injured nurse may be able to seek financial compensation over and above workers’ compensation benefits for lost wages. In addition, claims may be made for pain and suffering. This can be accomplished by filing a lawsuit against non-employer parties. In general, injured employees are usually barred from suing their employers for a work-related injury. This is the underlying basis of the workers’ compensation scheme.
However, what many people don’t know is that employee parking areas are often managed and maintained by outside companies or contractors. This is true of hospitals and other large businesses like malls, retail stores, etc. For instance, shopping malls often use outside companies to manage parking areas. Therefore, an injured employee could file a claim against an outside company for a fall accident in the parking lot.
Need more info about workplace fall accidents? Visit our Work Injury Fall Accident Law Library.
Fell in the Parking Lot at Work? Call Us to Find Out if You Have a Case
If you fell in the parking lot at work, call us to find out if you have a case. We are located in Philadelphia, Pennsylvania and have offices in multiple states, including NJ, NY and DE. 215.399.9255 | Toll-Free: 800.220.7600
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