I fell down a flight of steps at a Public Office building in California. I was on payroll at the time. I found out that the steps are breaking many building codes. I don't want to go through workmans comp because I don't want to create waves in my work place. Can I sue the owner of the building directly through small claims court?
Answer by Keith C
YES!!! By law the owner of a bulding is responsible for the maintenance and upkeep of everything in that building if these stairs are not in code then they need to be brought up to code.
Answer by roseytobear
No. If you were injured on the job while working, the claim will fall under worker's compensation.
Answer by Kevin D
Yes, but you could get more by hiring an ambulance chaser.
Answer by bonnie
You have to do a law suite with a lawyer and you are lucky if you get 3000 if you have been off work.I personal broke my arm and i fell down stairs to and it wasn;t worth suing get the picture.
Answer by oldfootlose
No ! actual damages only.
But BE as stupid as you wish.
Go to a Dr. keep the receipts and get a lawyer to file damages.
Photograph the stairs extensively.
Your co-workers still face a similar injury because your not making waves.
Answer by ihateinternetdating
The only difference between small claims and superior court is the amount of damages requested as award. Each state has a different maximum for small claims, here in NY it's $ 3500. So even if you have more loss that's the most the judge can give you.
If you got seriously injured and the steps were unsafe, why not go to an injury lawyer first and let them handle it. Even after they take their contingency percentage you'll probably end up with more money. If for example, all you got was a sprained ankle, with no loss of income from being out of work, then small claims could handle it.
I'd at least ask an injury lawyer first, they don't charge anything for the initial consultation.
Answer by David B
You can sue anyone for anything in small claims court. It is the matter of proving your case, and the fact that the maximum amount awarded is only up to $ 5,000.oo.
Answer by abqdan
No, because your compensation will be adjusted by the amount you should have claimed from your own insurance - workers comp. You have a right to that compensation, and it will not make waves - unless your employer wants a law suit for harrassment.
Answer by Kevin A
Check out: http://legaljustice.blogspot.com They have good information on personal injury and lawsuits.
http://legaljustice.blogspot.com
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