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Slip and fall- I fell at work in a freezer that has a broken fan & other issues. I was told that 7 months ago they put a work

Livermore, CA |

order in, that they came out, they said that the issue was only condensation and so the issue wasnt fixed. I then fell several months later due to the same problem that they sent a work order in for, immediately after i fell they sent another work order, someone came out the very next day but it has been almost two months and the issue is still not fixed. Everyday at work i fear going into the freezer because i have almost fell again repeatedly, do i need a lawyer at all?

Attorney Answers 7

Posted

Fear of possibly getting hurt is not an element of damages or necessary proof in a personal injury lawsuit.

Have you any injury? I hope not.

Good luck.

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Frank Marvin Nunes

Frank Marvin Nunes

Posted

I have reclassified your post to be directed to workers compensation attorneys. They will be better able to answer your questions.

Posted

To file a claim in Michigan for workman compensation you need to show you were injured on the job and disabled from work. That would not be a case in Michigan. Good luck

You should consult an attorney in your State at once. This response does not constitute legal advise outside the State Of Michigan and is not intended to establish an attorney-client relationship with our offices. It is for informational use only of the general laws in the State of Michigan, only. To retain our offices, you need to sign a contingency contract with us. We do offer free consultations and we can refer clients to lawyers in your State if you call us. Visit our webpage and tell us what you think. www.schnitzerlaw.net

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Posted

Usually lawyers do not get involved until there is an injury. However as a worker you have the right to a safe workplace. The law requires employers to provide their employees with working conditions that are free of known dangers. Your employer is probably aware of the unsafe condition, but make sure to notify them that it is dangerous and that it has caused you to fall and presents a risk of serious injury (god forbid someone slips and hits their head). In California Cal/OSHA is responsible for enforcing all occupational safety and health standards and regulations. You can file a claim with them at http://www.dir.ca.gov/dosh/Enforcementpage.htm

-Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.

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2 comments

Matthew Paul Krupnick

Matthew Paul Krupnick

Posted

Took the words out of my mouth ;-) Good advice and great link to make it easy.

Michael Ryan Juarez

Michael Ryan Juarez

Posted

Thanks Matt.

Posted

Yes. You should consult a good worker's comp attorney and possibly some government entities like Cal OSHA regarding what appears to be a willful disregard for the safety of others. If you have any injuries, you need a workers comp lawyer asap. I don't do comp law, but have a great referral if you need one. Feel free to contact me: 310-477-0404

Nothing stated throughout any post (or related comments of any type) made by Mattthew Krupnick or his firm, KRUPNICK & KRUPNICK, APLC, is meant to be in any way construed or to be deemed to be legal advice for any person or any purpose. Also, NO attorney-client relationship or communications made through this site, unless made in private with the understanding that the attorney-client privilege would apply. The responses, comments, questions raised, or issues addressed herein are all being provided SOLELY for informational purposes and should under no circumstance be relied upon as or viewed as giving legal advice or counseling of any sort Should such a relationship be desired, client would have to contact attorney to discuss that and other issues in person, by phone, or at least in private. This cannot be relied upon without consulting with a knowledgeable attorney in your area and/or practicing in the field for which your question relates. We hope the information is helpful, but no attorney-client or other relationship is formed by the providing or reading of this information. Should there be ANY confusion about this important disclaimer, please addresss it BEFORE allowing attorney to respond to your question and before any follow-up questions, calls, or emails to said attorney.. Otherwise, it will be deemed to have been understood by all parties participating on this site.

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Posted

If you were not injured then you do not have a worker’s comp. claim. However, as stated you are entitled to work in a safe environment so I would consider complaining to Cal OSHA.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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Posted

In addition to contacting OSHA, you may also provide a written notice to your employer confirming your concerns about a potential unsafe working condition. But first consult with a local attorney about your rights if fired.
Joe D'Amico
www.MyCompLawyers.com

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Posted

Agree with the attorneys above.

No damages no case yet. This would be workers compensation case.
You should write a letter to your employer to address this issue that why it is documented that they have notice... notice is important for slip and fall cases. (prior notice and warnings)

But if you get injured and the negligence included a 3rd party as well, for example the maintenance company than you can have a civil tort case as well.

Also, Cal/OSHA is responsible for enforcing all occupational safety and health standards and regulations. You can file a claim with them.

GOOD-LUCK! v :)

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Wendy Ha Chau

Wendy Ha Chau

Posted

Correction: You should write to your employer to address this issue that way it is documented. Notice is important in a slip and fall case. Until you get injured you can not get workers comp. Also if the negligence is from a 3rd party, like a maintenance company, and you have injuries, then you can also maybe have a tort case.

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