Do you have to fill out injury report right away?

Asked about 1 year ago - West Chester, PA

I was at a store in frozen food section, slipped on water, I tried to break my fall, hit my right hand on the cart, I went to the front check out, seen a woman that appeared to be in charge of the workers on the registers, I approached her and told her I just about broke my neck in your frozen food isle, from water on the floor, she asked me if I was okay, I told her I felt okay, that I hit my hand on the cart but it seemed to be okay, and at the time it was okay. She thanked me and then the manager said thank you and I left. I started with pain and swelling the next day, so applied ice and took some Advil, now 3wks later I'm still having problems with the hand, I work for a doctor so I took his advise on taking care of my hand, but its not helping.

Attorney answers (7)

  1. Philip Anthony Fabiano

    Contributor Level 20

    8

    Lawyers agree

    Answered . You do not have to file an injury report but you do have to get medical attention. This doctor you work for, in addition to giving you advice that does not help, did he/she make a medical record of the exam or advice? My guess is no! In that case it is like you never saw anyone at all. So lets see, it's been 3 weeks and you still have pain and problems with your hand and you have not seen a doctor or gotten any treatment or a diagnosis of your injury. If you were the store would you believe that you were injured in their store or have any type of serious injury?
    YOu need to see a doctor immediately. Maybe there is something seriously wrong with your hand. (Call me about the medical malpractice claim you may have in that event from your employer!!!)
    I suggest you go to the ER today not so much to document your injury for a lawsuit but to fix your hand.
    YOu did not describe what caused you to file except to say you slipped on water in the frozen food section. Where did the water come from? Is the freezer leaking?--that would be a good case--if you were injured---so far you have no diagnosis. If the water was some transient condition, did the store have notice that it was there before you fell. Unless an employee caused it that's difficult to prove but is necessary. One way to "prove" it, is to show it was on the floor for so long that the store should have had notice of it--for example were there footprints from other people walking through that area? Can you show that because of it's location at the freezer section, water on the floor is a recurring problem and the store did not adequately address the problem?
    As you can see, an injury report is a minor issue. You have more pressing issues.

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you... more
  2. Lidia L. Alperovich

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . You need a personal injury attorney as you may have a valid case

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . You can retain a local personal injury lawyer to investigate. You can call one of the above lawyers in my state. I'm sorry, but my firm only handles very serious injuries. Good luck.

  4. Michael R Crosner

    Contributor Level 20

    8

    Lawyers agree

    Answered . IMMEDIATELY consult a local PA personal injury attorney - most offer free initial consultations. Do it ASAP

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  5. Matthew C Simon

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . Immediately seek an experienced personal injury attorney in your area. I do not practice in PA, but I can recommend several attorneys if you are interested or use the Avvo Find a Lawyer tool, above.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more
  6. John F. Fox Jr.

    Contributor Level 10

    4

    Lawyers agree

    Answered . You do not have to fill out an incident report, and I would not recommend you fill one out at this point in time. An incident report is not necessary for your claim. At this point, you should contact a personal injury attorney and they will notify the store of the incident. I would be happy to speak with you regarding your case. Click on the link below for more information on my background in Premises Liability cases.

  7. David Ian Schoen

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Have the hand evaluated immediately and consult with a local personal injury attorney. They will advise you whether it is necessary to report the accident at this point.

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