Miami product rep. falls at convenience store, resulting in lumbar fusion; settles claim for $300,000

Our client, a 43 year old woman from Miami who represents a major soft drink maker, was at a convenience store checking its stock. After exiting the storage room, she slipped and fell due to a store employee mopping the floor and failing to put up any warning signs. Our client felt immediate low back pain and was taken to a worker’s compensation medical clinic. She followed up with numerous doctors at the request of her employer and was eventually diagnosed with herniated disks in her lumbar spine.
Despite conservative treatment, her back pain continued to worsen, at which time the determination was made to have a spinal fusion, in which her spinal vertebrae were fused together with metal plates and screws.

Our client retained Dell & Schaefer to help her recover for her injuries. Despite the fact that she was injured on the job and was receiving worker’s compensation benefits, we alleged that her injuries were the result of the negligence of a third party, the convenience store. The convenience store’s insurer claimed that the floor had not been mopped, and that our client had pre-existing injuries resulting in her surgery. After extensive discovery, including many depositions, and after mediation, the insurance company agreed to settle our client’s claim for $300,000.

This case is an example of the fact that if someone is injured on-the-job, and even receives worker’s compensation benefits, they still may be able to recover from an at-fault third party. An employee is usually barred from suing their employer for injuries due to negligence, but this immunity does not apply to others who may be at fault. If you have a question about injuries suffered on the job, please contact an attorney at Dell & Schaefer who can answer your questions regarding whether a claim against a third part is possible.

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