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Should I File Workers’ Compensation or a Premises Liability Claim?

If you are injured while working, the next step is often to file a workers’ compensation claim. However, your claim may not be as clear-cut if you were injured while working on another person’s residential property or business. In these cases, should you file for workers’ compensation, or pursue a premises liability claim?

The term “premises liability” defines a class of personal injury cases in which the injury occurs on another’s property, and as a result of that property owner’s negligence. Depending on the circumstances of a work injury, a case could potentially enter premises liability territory.

For example, if a worker falls while repairing the windows of an apartment building, this could be considered an incident that falls in the gray area between workers’ compensation and premises liability.

There are a few factors that will influence how the worker’s claim proceeds:

  • Does the worker’s company provide a worker’s compensation plan that will cover their injuries?
  • Was the injury caused by the negligence of the window repair company (e.g. by providing the worker with inadequate equipment), or was it caused by the negligence of the apartment owner (e.g. if the worker was standing on a balcony with a loose railing, causing the fall, and the owner did not warn of the unsafe conditions)?

The second question may be the most significant — negligence is the central element in these cases. Of course, there is also the possibility that negligence from both parties (the worker’s company and the apartment owner) is to blame. If the employer is providing proper benefits through a workers’ compensation plan, legal action may not even be necessary.

Ultimately, an attorney is the best resource for navigating the complexities of cases such as these. If you have a workers’ compensation or premises liability case, or anything in between, contact Frohlich, Gordon & Beason, P.A. to schedule a free initial consultation with our team.

Call (941) 960-7225 or use our contact form to send us a message.
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