When Slip And Fall Accidents Happen At School Or Work
Worker’s CompensationAll Florida employers are required to carry worker’s compensation insurance for their employees. Specific employer coverage requirements are based on the type of industry, number of employees, and entity organization. Worker’s compensation insurance covers the injured employee’s medical bills and lost wages without the need to prove the employer caused the injury through negligence. If an injury is already being compensated by worker’s comp, a personal injury claim against an employer is usually not filed. A personal injury claim can potentially be filed against a third party if it is determined that their negligence contributed to the injuries.
Public School LiabilityA public school is a government entity, and as such, benefits from “sovereign immunity”, the legal doctrine which prevents the government from being sued without its consent. There are exceptions to sovereign immunity, including negligence. If a slip and fall accident took place at a public school, there are four factors that determine the school’s liability in the accident:
- The child was owed a duty of care.
- The school failed to provide that duty of care.
- The child suffered injuries.
- The school directly caused the injuries by failing to provide the duty of care.
Notice Of ClaimBecause a public school is a government entity, a notice of claim must be filed before a personal injury claim can be filed. The notice must be filed within three years of the accident and is an attempt to settle the claim before a lawsuit is filed. If it has been more than 180 days since you filed a notice of claim, or if the notice of claim is denied, you can then file a personal injury claim. If you have premises liability questions, Casas Law Firm in West Palm Beach, Florida has the answers for you. Contact Casas injury lawyers today and schedule a free case consultation.
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