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?

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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 5 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.


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