WORKER SLIPS and FALLS at Burger KING is there a CASE ?

Question

my friend is employed at Burger King and she had a serious SLIP and FALL on a soapy wet floor. A co -worker had moped the floor during a corporate inspection and apparently had to much soap on the floor. She said a CAUTION wet floor sign was posted but she fell anyway due to so much soap and water broke her ankle. They did not call an ambulance and made her catch a CAB to a hospital. When she got to the hospital the nurse had to call the employer and get insurance information and the manager acted as if she did not speak english. I told her to contact a lawyer first thing in the morning to discuss this. I would like suggestions on what she should do. Should she expect a settlement of a LUMP sum ? I think she should get a good amount considering how to employer treated her. Even the hospital was surprised ! I forgot to mention the MAIN manager was called in and she admitted to the other on duty manager that there was indeed to much water on the floor

Answer 1

Was she wearing tread-safe (non-slip) shoes?  If not, she probably won't have any case at all.  If she was and still fell, maybe. But the fact that there was a wet floor sign up and the fact that this is an inherent risk in restaurant jobs probably exclude her from anything else than basic workers comp and time off from work.

Answer 2

Yes, she has a case, and will be covered by worker's compensation insurance...as to the liability of the store for creating an unsafe environment, that is anyone's guess.  Falling down on a wet floor is a hazard of the job...though the store does have some culpability.

I will tell you right now that the judge and jurors will not look too kindly on a worker who is out to win the big bucks.  There would have to be significant, permanent damage and negligence for her to get a big settlement.

What she needs to do is file for worker's comp benefits for the medical treatment, lost wages, and medications prescribed.  They can even give her an insurance card if she has to continue taking medicine, so that she can get it paid for up-front, rather than paying and submitting a receipt for reimbursement.

Tell her to keep copies of EVERYTHING she submits as a claim, and to write down dates, names and outcome of the conversation whenever she is on the phone with worker's comp.  They love to trip people up and pay out as little as possible.

Answer 3

Might I ask a clarifying question?  What state did this occur in?

I live in Pennsylvania, the way it works here is that you HAVE to have that accident report done.  After that, the Employer has 21 days to either issue what's called a Notice of Workers' Compensation Payable or a Notice of Workers' Compensation Denial.  If they do not do that, they are in violation of the law.

If the company denies your claim, you go before a Workers' Compensation Judge to present your case.  Usually this occurs over multiple hearings, allowing time for medical evidence to be developed, witness and doctor depositions to be taken, and other discovery to be done.  After that, the Judge makes a decision.  And the Judge makes no determination on "how they treated her" in making his decision.  It goes by the law and there is no way to recoup for "pain and suffering".  While the Judge may empathize with her, if they filed the appropriate documentations, the value of "how they treated her" is zero.

In Pennsylvania, you are only able to recoup 80% of what's called your "average weekly wage", or average of the last 52 weeks' pay.  If she didn't work there for a full year beforehand, it gets very muddy in how they calculate the wage.

Also, don't be expecting to become the owner of the business because of this or a millionaire.  Usually settlements of this type are around $20k to $50k.

And she WILL need an attorney to do this.  Getting the right kinds of doctors' reports and taking depositions, hiring court reporters, paying doctors to testify (most in around the $3,000-$5,000 range) is best done by a competent Workers' Compensation attorney, and not a lawyer who does taxes and other family law.

Answer 4

I would say don't expect much if she tries to get a settlement. At restaurants it's required to wear non-slip shoes and considering that their was a "caution wet floor sign" and no proof that there was too much soap/water I don't even know if she'll be able to make a case.