<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Beth:
I fell down from a high platform at work as a result of water leaking out onto the platform. Broken hip and arm. After 18 mos workers comp refused aid. I am still having complications. Have a Workers comp law suit in litigation now. Can I sue the outside maintanence co. for damages that was responsible for the faulty repair of the plumbing that resulted in the water leakage.<HR></BLOCKQUOTE>
My response:
Well, being chosen for "second chair" isn't all that bad; especially if Lars is sitting in first chair. I believe Lars would concur, and the answer is, of course, yes. Each tortfeasor, in line, is culpable for the damages: The company that caused the leak, and your employer. You are contrained by the "exclusive remedy rule" of Workers Compensation insofar as your employer is concerned; however, the plumbing company, as a "third party" does not prevent you, the employee, from suing a third party responsible for the injury. An independent civil action seeking traditional tort damages against the third party may be prosecuted separately and simultaneously with the workers' comp claim. [Ca Labor § 3852 (suit against nonemployee) Nichols v. Keller (1993) 15 Cal.App.4th 1672, 1683-1686, 19 Cal.Rptr.2d 601, 607-609--lawyer retained for limited purpose of handling workers' comp claim also owes duty to advise client of related third party tort claims] However, your recovery is subject to your employer's reimbursement/lien/credit claims. Except to the extent the employer's own fault contributed to the injury, the employer/comp carrier is entitled to reimbursement for any workers' comp benefits paid to or on behalf of the injured employee. The reimbursement claim may be perfected through an independent suit against the third party tortfeasor, intervention in the employee's suit against the tortfeasor, or by asserting a lien against the employee's third party recovery. [Ca Labor §§ 3852, 3853, or 3856; Witt v. Jackson (1961) 57 Cal.2d 57, 17 Cal.Rptr. 369]
Talk to your attorney about bringing a simultaneous action against the plumbing company. This has benefits for you and, especially has good benefits, in terms of amount of fees, for your attorney. Worth looking into.
Good luck to you.
IAAL
P.S. I'm sure that Lars is away for the weekend, and would have gotten back to you. He's really quite good about these things. But for the fact that you specifically asked for my assistance, I would not have intruded on his "turf" so to speak.
P.S.S. Although you said Florida, I am using California's legal principles, which are virtually the same, in this regard, as Florida. I checked.
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[This message has been edited by I AM ALWAYS LIABLE (edited April 02, 2000).]