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

Asked about 2 years ago - 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)

  1. Michael Ryan Juarez

    Contributor Level 16

    16

    Lawyers agree

    Answered . 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.... more
  2. Matthew Paul Krupnick

    Contributor Level 12

    13

    Lawyers agree

    Answered . 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,... more
  3. David J. McCormick

    Contributor Level 20

    11

    Lawyers agree

    Answered . 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... more
  4. Alan James Brinkmeier

    Contributor Level 20

    9

    Lawyers agree

    Answered . 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.

  5. Bret A. Schnitzer

    Contributor Level 16

    8

    Lawyers agree

    Answered . 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... more
  6. Wendy Ha Chau

    Contributor Level 13

    6

    Lawyers agree

    Answered . 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 :)

  7. Joseph Benjamin D'Amico

    Contributor Level 7

    6

    Lawyers agree

    Answered . 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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