Out for a Few Weeks

[Star B]

Hey folks, do you think I’d have a case if I filed a civil suit against the owner of the building where I fell? For not clearing the ice and snow?

consult an attorney but I'm sure they will tell you that your case isn't worth much... you gotta remember anything you recover will probably be split three ways.... your lawyer, workers comp, and yourself.

 

[MassWineGuy]

You split it with wc? Awful.

Of course, there is all my pain and suffering.

 

[Star B]

Like I said, check with an attorney, but I would not be surprised if you had to three way it. Workers Comp has also been injured (fiscally) by the actions of the defendant and they are entitled to a piece of the pie.

 

[Operational needs]

You split it with wc? Awful.

Of course, there is all my pain and suffering.

Definitely you split with WC, unless your state laws are different than mine.

 

[floridays]

Like I said, check with an attorney, but I would not be surprised if you had to three way it. Workers Comp has also been injured (fiscally) by the actions of the defendant and they are entitled to a piece of the pie.

Workman's comp would get nothing, they aren't a party to the suit. If anything, according to the scenario you presented, his award might be diminished by the payments he's received from workmans's comp. Doubtful an attorney would take it anyway. It's only an opinion though.

 

[Operational needs]

Workman's comp would get nothing, they aren't a party to the suit. If anything, according to the scenario you presented, his award might be diminished by the payments he's received from workmans's comp. Doubtful an attorney would take it anyway. It's only an opinion though.

When I sued a homeowner’s insurance for a dog bite, WC got their money off the top.

 

[MAKAVELI]

When I sued a homeowner’s insurance for a dog bite, WC got their money off the top.

Well, FedEx is self insured.......

 

[burrheadd]

Hey folks, do you think I’d have a case if I filed a civil suit against the owner of the building where I fell? For not clearing the ice and snow?

 

[Star B]

Workman's comp would get nothing, they aren't a party to the suit. If anything, according to the scenario you presented, his award might be diminished by the payments he's received from workmans's comp. Doubtful an attorney would take it anyway. It's only an opinion though.

They would be an involuntary plaintiff. That's how my WC was listed on my lawsuit.