What are our rights regarding a worker’s comp case if my wife fell in her employer’s parking lot just before her shift?

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What are our rights regarding a worker’s comp case if my wife fell in her employer’s parking lot just before her shift?

She broke her wrist and has had surgery to repair it. A worker’s comp case was filed but we used our insurance because of the time involved with worker’s comp. What are our options if worker’s comp does not pay? My wife will be off work for some time.

Asked on August 24, 2014 under Personal Injury, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You most likely do not have any recourse unless the reason your wife fell was some inherently unsafe condition in the parking  lot, such as potholes, large cracks, etc. which she tripped over or in. The problem is, your employer (and/or whomever owns/maintains the lot) is not your insurer: they are only liable if they were at fault, such as by not maintaining the lot in a safe condition. If they were at fault, you could possibly sue if not paid by worker's comp; but if not at fault, they would not be liable.


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