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Hurt At work and there screwing me Premises Liability

Discussion in 'Accidents, Injuries, Negligence' started by b0ggwrath, Aug 28, 2008.

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  1. b0ggwrath

    b0ggwrath Law Topic Starter New Member

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    I work in a club as a cocktail waitress. I was working one night and there was a mirror just leaning against a wall. I triped and fell into it and cut my leg open pretty bad in two spots. I really didnt want to go to the hospital because I had no insurance. They said they would pay for it and made me go, even had somebody drive me. They wanted to keep it hush hush and didnt want me to do anything like fill out workmans comp, didnt even mention it. Im pretty sure that illegal right there. Anyways a month later I got a1200 dollar bill in the mail. I gave it to my boss and he said he would take care of it. I quit that job like a week later and I just got the same bill again. They never payed for it and they are refusing to. One other thing I forgot to mention was that Night I had been drinking, I wasnt drunk but I had been drinking. My bosses and everybody working there was aware of this and even encouraged it. They were all drinking to. I just dont know what I should do. Are they responsible or did they just cleverly screw me? Pleas give me some input.
     
  2. b0ggwrath

    b0ggwrath Law Topic Starter New Member

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  3. b0ggwrath

    b0ggwrath Law Topic Starter New Member

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    anybody ever respond in this forum?
     
  4. presutin

    presutin Moderator

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    The bill is on your name and since they are not voluntarily paying, you probably will have to pay for it and then sue your former boss in small claims court to recover those funds. Make sure you have backups for your case - emails stating that he would pay for it as well as affidavits from former colleagues stating that they heard your boss promissing to pay the bill. Hope this helps!
     
  5. Sibee

    Sibee New Member

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    your likely to foot the bill. take it to small claims court.
     
  6. cbg

    cbg Super Moderator

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    I've deleted your last message since it does not conform to the rules of this forum.

    Your post would have been seen more quickly had you posted it in the workers comp forum, where it really belonged.

    But the answers you've received are correct. Since it happened at work, it was the responsibility of your boss (or his workers comp carrier) to pay your medical bill. You can go one of two ways; pay the bill and sue your boss in small claims court to recover it, or you can hire a workers comp attorney to deal with the matter for you.
     
  7. PI_Defender

    PI_Defender New Member

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    if the mirror was placed there rather negligently by your former employer, in the premises he/she owns, renting or occupying, you may have a cause of action based on two theories (1) negligence and (2) premise liability.

    if you choose to exercise this option, you may want to consult with a personal injury lawyer to help you get the best possible amount of compensation for your damages.
     
  8. cbg

    cbg Super Moderator

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    There is no such thing as a claim for negligence in a workers comp situation. Workers comp is the SOLE remedy against the employer.
     
  9. Lex101

    Lex101 New Member

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    the action is not founded on worker's compensation but on tort. and no, worker's comp is not the sole remedy for an employee against the employer.

    work with some subtlety cbg, do not make your mission obvious for all the people to see.
     
  10. cbg

    cbg Super Moderator

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    Fine. Then show me where in the law the employee gets to sue their employer for a work related incident beyond workers comp.

    I'll be watching for a statute or the name of a case law, please.
     

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