I work for a grooming shop in Massachusetts. I fell one day when I stopped by to talk to a co-worker. I fell because of some of the products we use like spray-on conditioner. These products commonly get on the floor and create an invisible hazard. Members of management are already aware of the dangers, actually most of them have experienced it themselves but have not been injured to my knowledge.
On top of the fact that they are aware of it they have never placed any form of protection to stop people from falling. There is also no warning to employees or clients that they are entering a hazardous situation.
Now I am recovering from a torn rotator cuff and a mild concussion. I am EXTREMELY frustrated about this because I've personally informed management that it is just a matter of time until something happens. I am not sure what to do next. Because I was not on company time when I fell, I don't qualify for workman's compensation. What can I do?
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ANSWER for "Injured At Work While Not On Company Time...":
Bruce (Essex, MA):
You may be able to pursue a legal claim against the management and owner of the grooming shop. Because you weren't working at the time of you may be able to get around the workers compensation requirements.
You were injured as a result of the negligence of the management and owners. Just because you weren't on "company time" doesn't mean you are magically out of luck. When you were in the grooming shop you were an "invitee," just like any other customer. As a result the grooming shop's owners and management had a duty to take all reasonable steps to protect you. They didn't.
You shouldn't have any issue with liability, especially because fellow employees and management already knew about the danger, and actually fell themselves.
Tell the management and owner you were injured as a result of their negligence and you have medical bills which have to be paid. If they ignore you or try and say you aren't covered then seek legal representation.
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.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.