Falling at work due to footwear?

by Dan
(Stamford, CT)

I work at a restaurant where we recently began to be required to wear a specific brand of converse sneakers. They are not slip-resistant at all, if anything they help you slip more. If someone does slip and fall because of the shoes, what would it mean for the restaurant?

Visitor Question:
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ANSWER for "Falling at work due to footwear?":

Dan (Stamford, CT):

In the event an employee falls and is injured, and the fall can be linked to the "cons," the employee will certainly have a legitimate personal injury claim against the management and owners of the restaurant.

If you have concerns about the possibility of slipping while wearing the new cons, by all means communicate your concern to management. Then, in the unfortunate event someone who is wearing the cons falls and is injured, your notice will help to make the injured employee's claim stronger.

Make sure you advise your fellow workers to be extraordinarily careful while working. If you already know the cons are dangerous, it would be in everyone's best interest for you to have already admonished your fellow workers of the looming danger.

There is another concern though. If you confront management or cause what they might consider a "subtle" disturbance over the issue of the cons, there is always the possibility your employment may be terminated. Because you are not working under a contract with the company, if you are terminated your legal recourse will be minimal.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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FELL DUE TO CONVERSE!
by: Anonymous

This did happen to me due to the owner not allowing us to wear slip-proof shoes (have to wear converse). I had to go to the ER and they are fine about paying the ER visit. I have been missing shifts due to the back injury, and can't perform a lot of lifting required.

If they fire me due to this, but use a different excuse, then what should I do? Would I have a case and can I get a settlement that will make up for the work I've missed?

It is good money and I can't find another job, though I've been looking.

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