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The Law & You

Waitress Slipped on Floor After it was Mopped and Hurt Shoulder

The Law & You
March 18, 2020

The Law and You

Waitress Slipped on Floor After it was Mopped and Hurt Shoulder

I work in a restaurant as a waitress. I was coming into the kitchen and slipped on the floor they had recently mopped. I really hurt my shoulder but my boss asked me not to file a claim and just take a couple of days off from work. Is this right?

Haley: It’s that time of the day for “The Law & You”. Joining us today when results matter, we have attorneys Greg Fellerman and Molly Clark back with us. So nice to have you both in studio.

Greg: Always nice to have Molly here. She does a good job.

Molly: Thank you. Nice to be here.

Haley: Yep, it’s nice to see you. It’s a nice change.

Molly: Thank you, Greg.

Greg: Anybody see her on the billboards we have up to? She’s everywhere.

Haley: Oh, we’ll have to keep an eye out for them.

Greg: Oh, yeah.

Haley: Wonderful, well, let’s get to today’s question. Now, this comes from Karen in Moosic. Karen says “I work in a restaurant as a waitress. I was coming into the kitchen and slipped on the floor they had recently mopped. I really hurt my shoulder but my boss asked me to not file a claim and just take a couple days off from work. Is this right?” Well, that’s a red flag. Don’t file a claim, the boss says.

Molly: Absolutely, Haley. You’re spot on there. No, you should not listen to your boss in that circumstance. You should probably contact an attorney and let them know that’s happening. Explain what happened, the situation. You definitely have a claim there. They should not have been mopping the floor while people were still working in the restaurant and if they did mop the floor, and had to for an emergency or something, they should have signs up or something of that nature. You cannot tell an employee not to file a claim. You cannot keep them from filing a claim. It’s against public policy. You should contact a lawyer. What else do you think there, Greg?

Greg: Well, a lot of times, this is what happens with these claims. For whatever reason, the employers try to talk their employees out of filing the claims. Now, most of them have insurance and they’re covered. I guess they may be worried about their rate going up. But the problem is if this injury gets worse, and you don’t give the notice and file everything you’re supposed to, the first thing they do when they come to court is “We didn’t know about it.” And that creates a huge problem for you in front of the workers’ compensation judge who’s really trying to help you get through your claim. And if everything is there, they award it to you. But if there’s a reason not to give it to you, and that could be one of them, they’re not going to give it to you. Don’t fall for that. Make sure you do that. Make sure you give the notice and look, you could just be hurt for a day. File the notice, please.

Molly:
Absolutely.

Haley: Alright, some good information today, both of you. Thanks so much for your time and advice. If you at home have more questions for “The Law & You”, you can call the hotline or go to PAHomePage.com

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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