我能因工作时滑倒而提起诉讼吗?

我能因工作时滑倒而提起诉讼吗?

当大多数人想到 滑倒事故, they tend to think of those at grocery stores 和 retail businesses, 住宅和住宅综合体, 以及其他滑倒的地方, 旅行, 摔倒的风险是常见的.

然而, not all slip 和 falls involve people in leisure-time activities; sometimes, 他们涉及到工人.

工人薪酬和. 人身伤害:区别是什么?

When workers are injured in the course of performing job-related duties, 他们对雇主的唯一补救办法就是向工人赔偿. 这是一种大多数雇主都投保的无过失保险, 工人的补偿可以提供福利(如医疗保健), temporary 和 permanent disability benefits 和 vocational rehabilitation) to employees who are off work due to their injuries.

不像个人伤害诉讼, you do not need to prove your employer was negligent because workers’ compensation is a no-fault system; if you are injured on the job you are entitled to recover benefits.

当然, there are times where accidents involving workers result from the negligence of a third party; someone other than their employer or co-workers. 在这些情况下, in addition to being entitled to collect workers’ compensation benefits, the injured worker can bring a third-party civil suit against the negligent person or entity who created the dangerous condition. 工人补偿制度下的福利是有限的. The benefits you can receive in a third party civil suit are much broader 和 can more fully compensate the worker for the total harm suffered by the worker.

工作场所滑 & 秋天的事故

Slip 和 fall accidents in the workplace can give rise to 前提责任 claims – that is, civil legal actions which look to hold l和owners (or those who “control” a property) financially responsible for damages victims suffer on their property, 特别是当他们未能做到:

  • 把财产保存在 合理安全的条件;
  • 使用 合理的护理 发现危险情况;
  • 修复,更换,或警告可能的危险 合理预期 对造成伤害.

Some slip 和 fall accident cases are straightforward – such as a store employee spilling liquid onto the ground, 导致顾客滑倒. 其他的可能相当复杂, 特别是当某些法律概念,如义务, 请注意, 或隐藏的/明显的缺陷-是开放的解释.

当一个人滑倒, 旅行, 或在履行工作职责时跌倒, matters of workers’ compensation 和 third-party liability can also add to challenges in these cases.

工伤事故中的第三方责任

There are an infinite number of situations where a worker can slip 和 fall as the result of a third party's negligence.

一些例子包括:

  1. A worker who took the elevator to the second floor 和, upon stepping out, slipped 和 fell. 结果是清洁小贩, 与劳动者雇主订立合同的第三方, had just waxed the floor with excessively slippery compound 和 failed to warn of the danger until the compound completely dried.
  2. A worker who slipped 和 fell on his normally pristine loading dock. It turned out that a vendor was using his own forklift to offload the truck's contents, but it was leaking oil; he left without cleaning the oil up or warning the dock manager of the condition.
  3. 一个工人正在把空集装箱装上他的平板卡车. 他把车停在装卸工人指定的地方. Empty containers were stacked higher than they were supposed to be. When the wind picked up, the containers fell on the truck driver, causing him injury.

Though workers’ compensation claims do not require victims to prove fault 和 liability, 在工人补偿制度之外提起的民事诉讼可以. As with other premises claims, third party work injury suits will require victims to prove the 前提案例的关键要素,包括:

  • 责任;
  • 违反义务;
  • 疏忽/因果关系;
  • 损害赔偿.

Workplace 滑倒事故 can create challenges in determining who can be held responsible, as the person or entity who created the dangerous condition which caused the accident is typically long gone before it occurs.

像这样, it becomes critical for injured workers 和 families to take steps to gather 和 preserve as much information as possible, 和 to immediately bring their case to the attention of experienced attorneys who can help conduct 前提责任调查, 确定潜在的责任方, 并汇编支持过失指控所需的证据.

可能承担法律责任的第三方

Third-party 前提责任 claims are not limited to slip 和 fall cases, they can include any type of accident where a third party's negligence is a cause of the accident. Third parties in these types of cases may include one or more third parties, such as:

  • 工地上的第三方承建商/供应商;
  • 维修或清洁人员;
  • Premises owners (when work is performed on property owned by someone other than a worker’s employer);
  • 不良产品生产企业;
  • 运输、装卸、配送公司;
  • 设备或机械维修公司;
  • 疏忽驾驶人士(与雇员的雇主无关);

在某些工作领域, 如建筑业, there may be a number of contractors 和 subcontractors involved in a project 和 / or present on a worksite. 除了要对自己的过失负责, third-party contractors can also be liable for injuries 和 damages that result from dangerous conditions created by their employees, even if they argue they had no 请注意 or knowledge of the dangerous condition (CACI国际公司1012).

For employees of contractors who are hired by premises owners to perform work on their property, 在提出索赔时,有一些具体的要素需要证明. 每 CACI国际公司1009 b,其中包括证明:

  1. 被告 拥有、租赁、占有或控制财产的 工作正在进行的地方;
  2. 被告 保留对工地安全条件的控制;
  3. 被告 negligently exercised their retained control over safety conditions (i.e. 疏忽将财产保持在合理安全的状态);
  4. ,一个 因此,工人遭受了伤害和损害 因为业主的疏忽.

损害赔偿

在民事损害案件中,可获得的损害赔偿包括:

  • 医疗账单和未来的医疗费用
  • 失去的收入和未来的工资
  • 过去和未来的痛苦和煎熬
  • Loss of quality of life, loss of emotional support, loss of companionship, etc.
  • 惩罚性赔偿(仅在涉及“恶劣”行为的情况下)

就像其他民事伤害索赔一样, 前提责任 cases dem和 the attention of experienced attorneys who can assist victims in pursuing full 和 fair compensation for their damages, as well as any future expected losses they’ll face due to their injuries.

问题? 请拨打毕人法律咨询热线,免费咨询

Biren法律团体 has cultivated a reputation as a client-focused, boutique personal injury law firm. 在过去的几年里, our civil trial lawyers have recovered millions in compensation for injured victims 和 families across the greater 洛杉矶 area, 和 have gained the respect 和 esteem of colleagues 和 clients alike.

如果你对工作滑倒和摔倒事故有疑问, 前提责任, 或者其他人身伤害, our team is available to review your case during a free consultation. 打电话找律师.

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