The following scenario exists in a privately owned office building in NYS.
One of the aluminum divider panels that separate the urinals in the men's restroom is wobbly and insecure. It appears to be dangerous and if it detaches from the wall it may fall and cause an injury.
The company that occupies that floor of the building has informed building management of this condition. Building management is dragging its feet and is basically ignoring the issue.
Building Management acknowledges that it is responsible for such repair.
If many weeks pass with no repair and no follow-up by the company occupying that floor, and, if the panel comes loose and injures a company employee then who becomes liable for the injury?
The employee would surely file a workman's compensation claim if a foot injury prevented him/her from getting to work for a few weeks.
Would the employer have to suck it up? Could the employer successfully, in turn, sue the property owner/building management for recovery of damages?
Answer by Libraryanna
Foot??? You are worried about the foot? I would think, if it falls over, a more important body part could be injured, if it's next to a urinal.
You can't sue the employer if there is workers' compensation. That's what it is there for.
You could collect WC and sue the building owner. However, you might have to pay back WC for what they have paid out on your claim, depending on a lot of factors.Usually they just put a lien on the claim the employee files against the building owner. If they employee does nothing, then the employer (or really the WC company) can sue for their loss.
Answer by STEVEN F
YES. Liability is NOT an either/or issue. BOTH the building owner/management and the employer can be held liable. That said, anything short of CRUSHING the foot wouldn't keep my away form work for 3 DAYS. Even that assumes the local emergency room is not available.
What do you think? Answer below!
Orignal From: Injury Liability - Employer or Property Owner in this case?
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