Work Injury, Falling in Unlit Employer Parking Lot

by Richard
(Tucson, AZ)

I work for a transportation company; working the grave-yard shift. The parking lot where employees park their personal vehicles has recently been set with railroad ties to separate the roadway from the parking area.

The parking lot is not lighted. We have asked management many times to provide lighting for safety; the company has elected not to provide lighting.

A number of employees have stumbled, tripped on the railroad ties. I had the misfortune to trip on one of these railroad ties. I fell on my right side, injuring my right shoulder, right hip and right knee.

I have filed a workers compensation claim and have been receiving treatment and physical therapy. The knee and shoulder are not responding to treatment. As a result of the failure to heal, I have had a MRI. I am awaiting results on this. My next appointment with the doctor is Tuesday to review the MRI and discuss further medical action.

Do I have a valid claim for injury compensation beyond what is covered by Arizona's workers compensation law? If so, what is the best course of action I should consider?

NOTICE: Any answer given here is NOT formal legal advice, it is general information about personal injury law. Charles does not represent you. If you submit a question, you agree not to rely on the information given without first consulting an attorney licensed in your state.

Answer:

In most cases, you are not permitted to sue your employer. Workers' compensation laws are generally no fault, making a determination as to whether the employer's or the employee's negligent behavior caused the problem irrelevant. But there are exceptions, so you should speak to a P.I. lawyer in your state as soon as possible.

You may be able to sue a third party for a workplace injury. Does the employer own the property or is it leased? If they had a construction/paving/etc. company who negligently performed work in the parking lot you may be able to go after them. Or if the leasor improperly maintained the property by not lighting it, they could be negligent.

Good luck,

Charles
New York Accident Attorney

P.S. It's always best to get a free case review from a local injury attorney. Laws change from state to state. Only an attorney licensed in your state can give accurate answers to specific questions regarding your case.