How to settle the case like this?

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  #1  
Old 08-31-08, 06:50 AM
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How to settle the case like this?

Hi:
A worker forgot to put 'Warning Sign' when cleaning debris in the small hall-way and one of employees/my cousin working at
company fell and hurt one of his ankles.

He reported the incident to his boss right away but did not file a report to the Cleaning-company. He did report the Debris/Ceaning Co. was after his wife told him to do so.

Both his medical bill along with his 'lost pay' were paid by Worker's Compension, but whether my cousin is able to collect some payment from the Cleaning/Debris Co. for the reason of 'negligence/No Warning Sign" if he would pursue the case, ... sue the Cleaning Co.? Or, he should look for settlement with the Debris/Cleaning Co. without lawyer involved, since lawyer is always expensive?

Any suggestion and advices would be appreciated.
 
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Old 08-31-08, 08:42 AM
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Accident type lawyers do not charge upfront for these kind of cases, rather they usually get half of the settlement. In calling one of these lawyers, who all offer a free consultation, they will be able to tell him right away if they have a case or not.
If he was paid for lost wages and medical bills, then what is he suing for? Sounds like greed to me and we all pay for that kind of greed.
 
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Old 08-31-08, 09:18 AM
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He got reimbursed for his lost time and medical bills..........What more does he

As said, it is opportunistic attitudes like this that cause small business to struggle over insurance rates!

Do you suppose the injured person was not paying attention and can accept some of the blame?
 
  #4  
Old 08-31-08, 09:35 AM
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Legal Action brought up was totally my cousion's wife, not him, because his fast walk might have some to blame. Then, winning the case may be slim. However, what they are trying is because his participation on their 10 years old has been completely wiped out. His wife is busy working on both their kid' sport-events and her own job. Then, they want some financial compensation to their emotional tolls.

I, too do not like them to pursue 'law-sue' and the such, ... but that's what they're looking for. At least, I may advise my cousin not get 'high-expetation' on this.

Thanks,
 
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Old 08-31-08, 03:11 PM
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does the cleaning company have insurance? If so, turn it over to them. That is what you pay them for.

because his fast walk might have some to blame
No, unless he walks with his eyes closed.

there is not enough info to even venture a guess as to any libility on the cleaning company's part.
 
  #6  
Old 09-01-08, 06:42 AM
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We assume the Cleaning Co. has certainly 'Insurance' seeing it's one of biggent Cos. in this region.

One thing over which my cousin conerns is that he's a newly employed-worker at the site where the incident occured. Then, he does not like any ill-effect to a status of his emplyment as being a 'troublemaker' by bringing up the case. It's quite tricky situation to deal, .... whether it's to be a right thing to sue the Co. or not.
 
  #7  
Old 09-06-08, 01:56 PM
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This is really poor. Wet floor signs are an industry standard for cleaning. I have yet to see a "debris in the hallway" sign though.
 
  #8  
Old 09-06-08, 08:31 PM
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Lucid enough to report to Workers Comp. Not lucid enough until afterwards to seek compensation from the cleaning company. Double dipping. ? In addition, unless the individual is now disabled and can no longer pursue employment, it is unlikely because of previous compensation that additional compensation can be sought. A consultation with a lawyer may be helpful but expensive.
 
  #9  
Old 09-17-08, 07:23 PM
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In my state (Indiana), at least, when one is employed by an employer who is providing workman's comp coverage, as against the employer, the employee is limited to that remedy. At issue here is whether the person doing the cleaning might be considered a co-employee, an agent, or an independent contractor. If the wrong was committed by a co-employee, then, in Indiana, your cousin may be limited to the WC settlement (which in Indiana, is not very gratifying). If an agent or independent contractor, options should be considered by an attorney practicing in your state.

Generally (there are exceptions), Indiana follows the law of comparative negligence, which means that if the plaintiff is more than 50% at fault, he can recover nothing. The rationale is sort of: But for his own negligence, the accident would not have happened.

Your cousin should not be bashful about seeking compensation. It is pretty rare that folks ever get paid more than they are entitled. Trust me, in the real world, insurance companies are way ahead in the game of hiring lobbyists, who do their part in making certain that the laws are not too hostile to their companies. The companies are also adept and experienced in hiring lawyers, while plaintiffs often have no experience and make arbitrary choices. In the end, each side gets to tell the story to the jury. If the jury says, "Give that man a million dollars," who is really at fault?

BTW, someone said lawyers take half. Too often this is true, but plenty of good lawyers will take contingency cases for one-third, if settled; forty percent, if tried; and fifty percent if there is appellate work. Don't presume, though, that if the case is settled for a hundred grand, for example, that you'll see a check for $66,000. The lawyer will take his fee off the top, i.e., $33,333. Next he will deduct expenses, e.g., expert witnesses; discovery costs, such as depositions; filing fees; mileage; even copy costs and toll charges. Even if the case is lost, the clients will generally be held responsible for expenses. Always ask about fees AND expenses up front, and make sure you understand what will be expected. If you don't like what you hear, tell him you need to mull things over and check out the next guy on your list.

Discussing a case with a lawyer, asking them to take it on contingency, will certainly give you some insight as to the case's plausibility. Very few lawyers will get involved unless (1) the claim is valid, (2) it has a reasonable value, and (3) it can be won.
 
  #10  
Old 10-06-08, 10:34 PM
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Slip and fall

I agree with the comments that your sole remedy may be a worker's comp claim.

Check with a worker's comp attorney. Depending on your state law, you may be able to sue beyond the WC claim amount.

Good Luck!
 
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