ANSWERS: 2
  • If you think you have a case, check it out with a lawyer. DO NOT take Workmen's Comp if you plan to sue because in my state if you take one payment from Workmen's Comp you cannot sue. If you don't have the means or decide not to file a lawsuit, then Workmen's Comp should cover you. You will have to file a claim. Good luck.
  • You do not provide enough information to give a definitive answer, but probably not. In order for the company to be liable for your injury in tort, the company must have done something tortious (i.e. wrong). What did the company do wrong that caused your injury? Logistic sites are usually temporary sites, where hazards like you describe are known to exist. Thus, your only remedy is most likely Workman’s Comp (which pays you for hazards incident to the job, regardless of tort liability).

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