What are my rights if I suffered a concussion in at workplace due to a lack of proper foot wear because management insisted that I start working before my uniform came in?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights if I suffered a concussion in at workplace due to a lack of proper foot wear because management insisted that I start working before my uniform came in?
It looks as though there may be complications with this injury. The family thinks this is grounds for a medical lawsuit. Is it? I work at a restaurant. The cause of the injury was not my fault.
Asked on July 8, 2015 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You state that you had improper footwear because your uniform had not come in. The footwear you did have on--who chose it? You or your employer? If you employer forced you to wear unsafe shoes *and* you can show that the choice of shoe led to your injury, you may have a viable lawsuit. But if you chose the shoes, then the employer would most likely not be liable, since you could have presumably chosen or bought something more appropriate (e.g. if you wore sandles when you should have worn sneakers for traction, you could have worn sneakers). In the law, if it was the injured person's actions that most directly led to the injury, generally, he or she cannot recover compensation (or if they can get some compensation, it is reduced by the degree or proportion to which they were at fault).
It would be worthwhile for you to consult with a personal injury attorney (many provide a free initial consultation; you can check on this before making the appointment) to evaluate your case in detail. Be sure to ask both what the lawyer thinks you might recover and how much pursuing the case might cost you--some cases can be surprisingly expensive, and even if you think you legally might have a case, you would want to make sure that it makes economic sense to pursue the case before filing a lawsuit.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.