Question: I recently had a job interview at (name omitted). When I was leaving the job interview, I tripped and fell in the office stairwell. The stair that I tripped on had a wooden board that had rotted away. The maintenance man who helped me to my feet told me that other people had complained about the problem with the stairs but he had not had the time to make the repair. As a result of this fall, I injured my back and twisted my knee. I just received a call telling me that I didn’t get the job. To make matters worse, my knee and back are killing me. Can I file a workers compensation claim since I hurt my knee while try to get the job? Bob, (City name withheld), PA.
Answer: Bob, you ask if you could file a claim. Technically speaking, anyone can FILE a claim. But the issue is whether you could prove your claim. In your situation, you would need to show that, when the injury occurred, you were either in the course and scope of employment or that you were somehow acting in furtherance of the employer’s business or affairs. Since were not an employee at the time of the incident, I think you would have a difficult time establishing either. But don’t fret- as you were not an employee, you could still seek to file a personal injury civil suit for your injuries. To pursue that suit, you would have to establish that the owner of the property where you fell was somehow negligent in failing to properly maintain the stairs thus causing your fall.
If you’ve suffered a work injury and have questions about your claim, contact me at tcummings@dlplaw.com or call (570) 347-1011 for a free consultation.
