Legal Question in Workers Comp in California
I am a Social Worker who works for the county of Los Angeles. While on my break (Tuesday) walking around the block, I fell and broke my left foot, while also injuring my right elbow/shoulder. Is there any legal action, or work mans compensation that I can seek?
3 Answers from Attorneys
It depends upon the circumstances of the fall. If the sidewalk etc. was in bad repair, then you probably have a civil suit in tort. If you were not performing any tasks for your employer, you may have some difficulty with a comp claim. I suggest you try and find an attorney that handles both personal injury and workers comp. That way you can maximize the chances of filing in the proper jurisdiction.
Feel free to call us at 213.388.7070 regarding the specific facts regarding your work-related accident.
I practice both personal injury and workers' compensation. If the surface you were walking on at the time of your fall was not controlled by your employer, then there may be a 3rd party lawsuit. However, trip and falls are hard fought battles and there is case law that support either side, depending on all the factors.
With regards to whether or not your injury stemmed from your employment, it is possible, but again, there are many factors which must be analyzed.
If you would like a free consultation, please feel free to call me at 1.877.505.INJURY.
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