On Thursday, January 7, 2016 at approximately 4:20 pm, I slipped and fell on the unbeknownst wet floor in the main hallway near the middle stairway of our school building. There was a “Wet Floor” Sign in the hallway but not on the end of the hall where I was walking.
I fell on my right side, hurting my shoulder, hip, thighs, leg, and ankle. The Head Custodian and the assistant Custodian witnessed the slip and fall. The Head Custodian immediately alerted the Principal’s Secretary of the accident (who also witnessed me laying on the floor).
The assistant Custodian helped me gather all of my belongings and helped me walk to the main office. The secretary gave me all of the necessary Workman’s Compensation paperwork to complete along with a list of Emergency Care Centers, etc.
Later that night after I got in bed around 8:00 pm, my right leg and ankle began throbbing. I began to call the Emergency Care Centers on the list given to me. Several of the centers informed me that the cut-off time had passed and to set up an appointment for the next morning. I made an appointment for the next morning.
What do I need to do to get my injuries treated and proper compensation? Do I have to sue the school? Are they negligent for not having a “Wet Floor” sign on both sides of the hall? I’m not sure about any of this. Thank you for any information you can provide.
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.
They school may have been negligent by not having sufficient signage notifying you of the danger of a wet floor. However, by law, you are not permitted to sue the school. Because your injury occurred while you were performing your normal and customary work duties, your legal recourse is limited to a workers’ compensation claim.
Under workers’ comp law, you are entitled to compensation for your injuries, including required medical and therapy treatment, your out of pocket expenses for such items as medications, costs of travel to treatment, crutches, etc., and approximately 2/3rds of your lost wages. Workers’ compensation does not pay for pain and suffering.
The only manner in which you might have recourse to circumventing the workers’ compensation laws would be to prove the negligence of the school rose to the level of “gross negligence” or a “wanton disregard” for your safety and well-being. From the facts you present, there is no evidence of either.
Learn more here: No Wet Floor Signs
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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