Legal Question in Personal Injury in New York

Hi

Today I was cleaning one of my husbands accounts (he is a commercial cleaner) and there was soap on the ground. Unknowingly I walked over it, slipped and nearly broke both my wrists and now I have a big goose-egg below my left knee. It somewhat hurts to walk and I'm sure by tomorrow it will be nice and black and blue.

My question is, is the account in which I was cleaning liable or my husband, if of course I was to sue if injuries worsened.

Thanks so much

Carol


Asked on 1/20/10, 5:40 pm

2 Answers from Attorneys
Stuart DiMartini Law Offices of Stuart DiMartini

The answer to your question depends on who placed the soap on the floor. If it was you, then you may be limited to a workers compensation claim. Your status as an "employee" would have to determined by the workers' compensation board. If your husband did not maintain workers' compensation insurance, you still may be able to receive benefits through the State Insurance Fund that protects uninsured workers. There are many issues here that need to be resolved before a definative answer to your question can be given. Keep in mind, there are time limitations to any claim, whether through workers' compensation or a third-party claim. Also prompt medical attention would be a very good idea if you are having pains. You should feel free to call us toll free at 888.4VRoseLaw (888.487.6735). Speak to Mr. Rosenberg. He will be happy to answer you questions. Tell him Stuart sent you.

Best wishes

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Answered on 1/25/10, 6:17 pm

We're missing the critical piece of information here: How did the soap get on the floor? Depending on the answer, there are various issues raised. Is this a workers compensation claim or a third party action targeting a negligent party, or both? If the injuries become worse, best to consult a lawyer. Best, ME Zuller

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Answered on 1/25/10, 6:54 pm


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