While making a flower delivery, a viewer’s neighbor had fallen down the customer’s steps. With pre-existing conditions, can his neighbor recover? Workers compensation attorneys Greg Fellerman and Ed Ciarimboli offer legal advice.
Dave Kuharchik: This is certainly a typical topic this time of the year, an injury around the holiday, but unusual circumstances here involving a poinsettia. Greg Fellerman, Ed Ciarimboli, our attorneys tonight. Good to see you guys.
Greg Fellerman: This guy loves poinsettias. He loves them.
Dave: Just don’t get injured if you have any.
Greg: His house is covered in them.
Ed Ciarimboli: Actually, I don’t know if we have any this year.
Greg: You will, you will.
Dave: Let’s get to our question tonight. Richie in Westmoreland says, “My neighbor Rich was delivering a poinsettia to a customer. After he dropped it off he fell down the customer’s steps. He does have pre-existing back conditions. Can he recover?” Recover, I’m assuming, money for this injury. What do you think here for Rich?
Ed: Well it really depends. It depends on how he was classified at the time. If he was an employee at this particular flower shop or company, then yes. If Rich is an independent contractor who is doing delivery for a variety of different companies and doesn’t have -if this is his business, if he’s in the delivery business- workers compensation insurance through his company, he may have a difficult time recovering. Tough case, actually. There’s a lot going on. Plus, the ice on the customer’s steps, you may have a third party case. It’s not as cut and dry as you would think.
Greg: I think it’s a better workers compensation case than anything. I think if he’s working -let’s assume he’s working for someone- and he slips and falls, that’s where you should go first and then do an investigation to see what was the conditions of the steps. Did you take any pictures, did you notify the person when you fell, did you need an ambulance? All those things, we don’t know, we’re guessing but we always talk about those when you slip and fall. Give notice, seek medical attention, document.
Dave: If you need legal advice or direction, you could give he guys a call, check them out online, and don’t forget results matter with attorneys Greg Fellerman and Ed Ciarimboli. Gentlemen, have a nice holiday weekend.
Ed and Greg: You too.
Dave: Don’t forget “The Law & You” hotline is there for you. You could also submit a question to pahomepage.com
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.