Visitor Question

Restaurant Workers Compensation for Trip and Fall…

Submitted By: Joel (San Francisco, CA)

I just had a very bad trip and fall at work last Saturday, due to the owner/or manager’s negligence to properly fix the plastic mats laying on the floor between the open kitchen and the work station. The trip was so violent that I fell (flew) far from where I tripped (and I was not running)! I broke my wrist and severely aggravated an older lower back injury (bulging discs), and neck and shoulder injury from a fall in 2009.

I am bipolar with OCD and very distressed right now. Besides the workers compensation I am entitled to, what else could I legally do? I have warned several managers about this mat problem several times in the past. Any input will be gratefully welcome. Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Joel,

Joel:

From the facts it seems the mats you are referring to are those perforated 1 to 1½ inch thick black interlocking mats. They are quite heavy and do not easily budge. The purpose of Workman’s Compensation insurance is to insure employers against claims of injury by employees, while at the same time protecting their employees who are injured on the job.

Regretfully, absent a showing of negligence which rises to such a degree as to almost be criminal, you will remain subject to the terms of Workman’s Compensation, and the statutory amounts set for injury compensation.

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

Best of luck,

Published: February 27, 2011

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