An employee fell at work on liquid that leaked through a trash bag on the floor and tore his ACL. His company rents the facility and contracts maintenance out to a cleaning company. What type of case does the employee have?
JENKINTOWN PERSONAL INJURY ATTORNEYS
The employee has two cases. The first is a workers compensation case. This will be brought against the employer. Pursuant to Pennsylvania Workers’ Compensation Law, the employee is entitled to recover lost wages and reasonable medical expenses from his employer and their insurance co.
The employee may have a third party claim against the cleaning company. If it can be proven that the cleaning company was negligent in performing their maintenance obligations then they would be liable in tort to the employee. This would enable the employee to recover for his pain and suffering as well as other damages.
It is important to hire an attorney as quickly as possible so the investigation of the third-party claim can take place. Video surveillance tapes need to be secured and preserved as this may show how the liquid got onto the floor and how long it was there before the accident occurred. Witness information and statements should also be secured while the information is fresh in everyone’s mind.
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