Monday, January 28, 2013

Montana Delivery Man Can Sue Negligent Store and Receive Workers Compensation


Question: Can my husband sue if he fell at a business and hurt himself but he was on company time?
Question Detail: Husband fell at this business that they didn't keep clear of ice and snow and when coming out the door he fell forward and landing on his knees. This company took picture and they admit fault but just gave my husband a card with the store number on it and said corp. would call him in 24 hrs. Here it is a week later and still no phone call but he was working at the time so he had to call safety and report it and he took a day and half off of work but didn't feel like he needed to go to the Dr then. His knee is still killing him please help what should we do and can we sue this company where he fell.


ANSWER:  Your husband should file a workers compensation claim with his employer if he was working.  He can also pursue a case against the business that didn’t clear the ice.  That is called a third party claim.  Two claims is complicated and probably justifies have an attorney handle the claim if it is serious. 

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