out of state injury

[bmjeanne2]

i live in florida, but i was injuried in mississippi 4/01. i was working at the time, delivering cabinets to a customer, of a large home center. i was to deliver the cabinets to the carport (i was alone), but the home center rep told me to put them inside the house and he would help (he did not help at all). the only way in was through the front door. the steps were in very poor condition, but that was the only way in. the cabinets were very large and heavy, some weigh as much as 350 pounds. as i was bringing in the largest cabinet it got hung up on the step. i pulled really hard and i got the cabinet up, but that is when my injury happened. since that time i've been on workmans comp. plus after that unemployment insurance. i still have great pain and numbness and have refiled for workmans comp. my question is do i have any recourse against the home owner or the home center. my savings are drained and my home is a payment away from foreclosure.

thanks
bmjeanne2

 

[I AM ALWAYS LIABLE]

i live in florida, but i was injuried in mississippi 4/01. i was working at the time, delivering cabinets to a customer, of a large home center. i was to deliver the cabinets to the carport (i was alone), but the home center rep told me to put them inside the house and he would help (he did not help at all). the only way in was through the front door. the steps were in very poor condition, but that was the only way in. the cabinets were very large and heavy, some weigh as much as 350 pounds. as i was bringing in the largest cabinet it got hung up on the step. i pulled really hard and i got the cabinet up, but that is when my injury happened. since that time i've been on workmans comp. plus after that unemployment insurance. i still have great pain and numbness and have refiled for workmans comp. my question is do i have any recourse against the home owner or the home center. my savings are drained and my home is a payment away from foreclosure.

thanks
bmjeanne2

My response:

From what you have described, I cannot see any liability on the part of the homeowner - - unless there's something else you haven't mentioned.

Since you were in the "course and scope" of your employment, your only avenue of recourse against your employer is in Worker's Compensation.

IAAL

 

[Donna32669]

Out of State Injury

Your main question here then is the homeowner. Have you contacted or been contacted by their HO insurer? If the steps were in "poor" condition then it may be that the homeowner should have known this and that they were negligent by not repairing them. That will be the only way you have a shot, I suggest you contact a personal injury attorney (check the phone book there are hundreds of them, that work on a contigency basis). However, the bad news is that with workers comp. involved and the fact that any financial decision wouldn't be offered by there insurer for some time as you must reach max. medical improvement. Which, you may have by now. It's worth a shot, your fastest recourse is to deal up front with the adjuster and hope they will want to do a "wash" and make this go away to
save potential court cost and policy limits (assuming that their policyholder is negligent and they think you have a case). Otherwise, there is another coverage that does not require you prove negligence that might be worth a try to help you for now, and that is the "medical payments" section of the HO policy (usually from $1000 to $5000 coverage). On another note, you should talk to your mortgage co., they usually DON'T want your home and may work to defer some payments until you get some income. Good luck.