Visitor Question

Fell off a chair at work but waited to file injury report?

Submitted By: Christina (Santa Clara, California)

I work at IHOP, and on March 4, 2018 I was closing up around 9:50pm. I went to go close the open sign that is attached to the window. You would have to climb on the chair to close the light, which I did. I climbed on the chair and attempted to turn off the light switch, when I stepped on the chair I somehow missed my balance and fell.

As I landed on the floor I hit my knee on the floor and twisted my ankle. I have photos for proof. No one witnessed my fall. I immediately texted my boss and his answer to me was “Oh, did anyone see you?” and “We need to see the cameras on what happened.”

I then told the boss that I wouldn’t be able to come in tomorrow. He told me I needed to come in since no one was working the closing shift. So I went in because I felt that if i didn’t go in I would be terminated. My boss knew I couldn’t walk, yet he didn’t even ask me if I was ok.  About a week went by and I went ahead and asked my boss if he saw the footage of my accident. He said no and dropped the subject.

My question is, do I have a case for my injuries? I wasn’t treated for my injuries and to this day it still hurts. Also this injury has caused me lots of pain and suffering. I want to know if I can collect for that as well. What do I need to do next? Thank you.

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 Christina ,

You are protected under California Workers Compensation laws. California Labor Code Section 132 (a) strictly prohibits employers from terminating a worker because the worker files a workers compensation claim, or testifies on behalf of another injured worker.

In the event your employer does discharge you from your job, and you believe your employment was terminated because you filed a workers compensation claim, you may be entitled to lost wages, job reinstatement, increased benefits, costs, expenses, and other benefits normally available to injured workers.

You have already put your boss on notice you were injured on the job. Your next step is to fill out a Workers Compensation Injury Report Form DWC 1. Once completed, mail the form to any one of several California Department of Industrial Relations locations. To find an office near you see DIR Office Locations.

For more information about your rights under California’s Workers Compensation laws see:
State of California Department of Industrial Relations

Learn more here: Slip and Falls at Work

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 with your claim.

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