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Injury while travelling to work.

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G

goyanka

Junior Member
What is the name of your state? New York.

Hi All,

I used to be an employer of a Nanny for my child, when one day, nanny while coming to work slipped on floor while taking the elevator to the apartment of the building where I live. I don't own the building but just rent the apartment. Now she is claiming worker compensation. As I just employed her and was new to the laws related to workers comp, I didn't have the worker comp insurance.

Can a worker while coming to work involved in injury claim worker compensation? Please advice. I have a notice where a hearing would be scheduled and I would have to appear. Do I need a lawyer or what kind of preparation I should do to see me through this process?

Thanks a million
-RG
 


J

jity

Member
goyanka said:
What is the name of your state? New York.

Hi All,

I used to be an employer of a Nanny for my child, when one day, nanny while coming to work slipped on floor while taking the elevator to the apartment of the building where I live. I don't own the building but just rent the apartment. Now she is claiming worker compensation. As I just employed her and was new to the laws related to workers comp, I didn't have the worker comp insurance.

Can a worker while coming to work involved in injury claim worker compensation? Please advice. I have a notice where a hearing would be scheduled and I would have to appear. Do I need a lawyer or what kind of preparation I should do to see me through this process?

Thanks a million
-RG
Click to expand...

Usually the company that she works for will pay the workers comp claim, but if this does not apply - I would HIGHLY suspect that her claim is more against the owners of the apartment complex - and she will likely loose, slip and fall cases are very hard to win. If it comes down to it, say that she was not on the clock, and she has no claim against me. This would be the same for an employer who’s employee said - I was driving to work and had a automobile wreck, the employer is not responsible period. While I can not advise you IF you need an attorney or not, but a workers comp mediation is informal, and from what you said her claim is against the apartment complex or herself.
 
cbg

cbg

I'm a Northern Girl
Whether or not an employee can claim workers compensation for an accident that happens on the way to or from work, or while on their meal break, is state specific. If I were you, I'd give the state workers comp commission a quick call and find out what your state dictates on this issue.
 
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