A tractor-trailer driver was hurt on a loading dock when he slipped on a patch of oil. He wants to know if he can sue the facility. Workers compensation attorneys Greg Fellerman and Ed Ciarimboli let him know what his next steps should be.
Dave Kuharchik: We’re talking about getting injured on the job on this edition of “The Law & You.” Attorneys Greg Fellerman and Ed Ciarimboli are back. Welcome, gentlemen.
Greg Fellerman: Nice to be here.
Ed Ciarimboli: We are ready to go.
Dave: And a good question today.
Greg: Let’s do it.
Ed: Not injured on this job.
Dave: We keep things safe around her.
Greg: This is our area.
Dave: All right, here’s the question. And this is from Ben from Freeland. Ben says, “I am a tractor-trailer driver and got hurt on a loading dock when I slipped on oil. Can I sue the facility?” So he’s looking beyond here for the company that he works for.
Ed: Right. Obviously, you’re going to have a workers compensation claim but yes, you can sue the facility if there’s oil on the loading dock. Obviously, oil is not supposed to be there. This is a hazardous condition that they would be on notice of and have to clean it up. And if they didn’t clean it up and it caused your fall, you can sue it. It’s a premises safety case. And because they did not take the adequate steps in order to make the premises safe for those people who are intending to use it, licensees and invitees, then you’re going to have a claim against them.
Greg: And the facility should not be surprised that you are going to walk up on that dock. They have an obligation to keep that premises safe. Good news is you have workers compensation that will hold you over in the short term. Your wages, medical bills, that goes through your employer, whomever that is. You’re covered but it’s complicated and you’re going to need to reach out and get an attorney involved ASAP.
Ed: Photograph, photograph, photograph.
Greg: The photograph stuff is so easy now. Every phone has a camera, videos. Do it. Just simply do it. It makes our cases so much easier when you just get out of the car and on the dock or wherever you’re at and take a couple of pictures. Boom.
Ed: As soon as it happens.
Dave: You guys do this work all the time.
Greg and Ed: All the time.
Dave: So for those who want to talk to you, how can they get to you?
Greg: Call us 570-714-HURT, see us on the web 714hurt.com. You can see Eddie at the gym, Wegmans. He also goes to Lowes a lot.
Ed: I do goes to Lowes a lot. I feel very handy. It’s getting to be gardening season.
Greg: He loves to garden.
Ed: I love to garden.
Dave: Don’t forget in addition to all those locations, social media and Snapchat.
Ed: Oh we love it.
Greg: We’re blowing that up.
Dave: Results matter with attorneys Greg Fellerman and Ed Ciarimboli. See you next time.
Greg and Ed: See you.
The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.