If an employee went to work but the company did not informed them thatit was closed, if the employeeis injured getting therewhat can they do?

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If an employee went to work but the company did not informed them thatit was closed, if the employeeis injured getting therewhat can they do?

My mother was not supposed to go to work that day due to weather, but no one informed her. She fell on the ice and the ambulance picked her up. She has 4 broken ribs and 2 fractured ones. Her company has no workers comp or insurance for employees. She also only makes minimum wage. Who do I talk to and what can I do? If anything?

Asked on February 3, 2011 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your mother may have no recourse. If this was a regular work day and your mother was injured while getting to work, she would probably not have any recourse, since companies tend to not be liable for what happens to employees while they are commuting. If the company would not be liable even if open, they are probably also not liable now--again, commuting to/from work is not the company's responsibility as a general matter.

Where you mother may have a cause of action is if she was injured specifically due to company negligence in regards to something or some area they are responsible for. For example, if she was injued in the company's parking lot or on their stairs because ice was not cleared away, that might give her a cause of action.

The best thing would be for your mother to consult with an employment law or personal injury attorney who can evaluate the specifics of her situation. Many attorneys will offer a free initial consultation to evalulate whether there is a case worth pursuing or not.

Note that independent of what your mother may be entitled to, the company might face liability for not maintaining worker's compensation insurance.


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