Legal Question in Personal Injury in Massachusetts

Re: Slip and fall entering work

It could be if it holds the property in another name. However, your workers comp will probably pay enough to compensate you fully. If you recover anything from owner of building (you will recover only if ice was black ice)whatever you do receive will be payable to the workers comp ins. co. You should notify the employer and owner of the property in any event. Ask your workers comp attorney. If you don't have an attorney, get one.

Re: Slip and fall entering work

Under C. 152 Sec 15 of the Workers Compensation statute, where the injury was caused under circumstances creating a legal liability in some person other than your employer, you have the exclusive right to bring a lawsuit within the first 7 months following the injury. After that time, the workers compensation insurer can file suit on your behalf to protect their interests.

You can claim for pain and suffering damages and your full lost wages, items which are not covered under workers compensation. The most important thing to do is have the owner of the property (and their insurer) put on notice of your intention to file a claim and to establish the facts in support of your negligence case by having an attorney conduct a prompt investigation. Remember that the workers compensation insurer will be paid back a prorated share of any settlement proceeds.

I hope this helps. Good Luck!

Channing Migner

Cline & Migner, P.C.

44 Front Street, Suite 290

Worcester, Massachusetts 01608-1712

Telephone: 508-792-6060

Toll Free: 800-332-0116

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Email: [email protected]

www.worcesterlaw.com