Visitor Question

Slip and Fall in the Rain at Work…

Submitted By: Shawn (San Diego, California)

I was injured at work. I was on the clock taking out the trash when it was raining and I fell in the doorway of the store. I called my boss and let him know that I fell. This was a week ago and he still hasn’t given me a workers comp form.

I bruised my elbow and hip, and dislocated my shoulder – I popped it back in pretty quick so I didn’t see the need to go to a hospital. But since then it’s been out of the socket like 30 times already. And now my back also hurts a lot. What can I do? My boss is still lagging and I’m not even sure if we have insurance.

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.


Dear Shawn,

Before a Workmans Compensation claim can have any substance to it you must have suffered some medically documented injuries. Get to the doctor as soon as you can. Explain the injuries you believe you suffered.

The doctor may order an MRI (Magnetic Resonance Imaging) examination or a CAT Scan (Computer Axial Tomography) examination. Those tests will clearly indicate to the doctor if your injuries still exist, and if so what they are.

If you can’t afford to see a doctor and have the examinations, then demand a Workmans Compensation form from your employer. If he won’t cooperate and the store is large enough to have a corporate headquarters, contact the headquarters and tell them their store manager will not cooperate. Tell them you were injured on the job and want to file a Workmans Compensation claim.

If the store isn’t large enough and the store owner still won’t cooperate you may have to seek the advice and counsel of a Workmans Compensation attorney. Most will not charge any fee for an initial office consultation.

If you decide to hire a Workmans Compensation attorney it is altogether possible the attorney may send you to one of the doctors she works with. In that case you won’t have to pay either the attorney or the doctor in advance.

The attorney works on a contingency fee, meaning she doesn’t get paid until she settles your case or wins it after a hearing. Then the amount of attorney’s fees is set by law. After the attorney settles or wins the case she will pay the medical bills first and you will receive the balance.

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: October 16, 2011

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