Can You Receive Workers Compensation and Premises Liability Compensation for an Accident?

Premises liability for third parties may also apply in a workers compensation case. Depending on the circumstances of the case, a third party property owner may also be liable if their negligence resulted in injury.

For example, suppose a delivery worker drops off a package to a chemical plant. While making the delivery, an explosion occurs which shakes the building and causes a fire. The worker falls, hitting his head due to the impact of the explosion and he suffers from brain damage as a result of the concussion he sustains. In addition, the fire burns him and he must receive treatment for first degree burns.

How Does Workers Compensation Relate to this Case?

In the above example, the employee was engaged in work for his delivery company and was subsequently injured while on the job. This alone qualifies him to receive workers compensation benefits for lost wages and medical treatment.

How Do Circumstances Also Relate to Premises Liability?

Under New York premises liability law, the property owner has a responsibility to maintain safe property and to deal promptly with hazards that could harm anyone allowed on the property. If the chemical plant had failed to pass inspections and knew of dangers that led to the explosion, but did not take corrective action, injured parties may have grounds to pursue a premises liability case. They could seek compensation for damages that include medical expenses, lost present and future income along with pain and suffering.

If the deliveryman died as a result of the negligence that led to the explosion, his family could sue for wrongful death and receive compensation for funeral expenses, medical bills and other compensation related to the death.

Our lawyers at Sackstein Sackstein & Lee, LLP have successfully handled many different types of premises liability and workers compensation accident cases. More than 65 years of legal experience enables us to provide clients with effective representation.