Q: Less than a week ago I slipped and fell and broke my finger at my job. There has been a lot of people including myself
That have fallen various times there is a neglect from the proprietor on putting floor mats in the necessary spots. I am a server. He has seen the severity but it seems like he just doesn't care to take the measures to avoid future accidents and I have received treatment through Worker's Comp. on my knee from a previous fall. It just seems like at this point it's just neglectful and my question is could I pursue on suing. I file the claim with Worker's Comp. and I am due to see in orthopedic in a couple of days.
A: In Florida and other States, a worker's compensation claim can be pursued if the worker is injured during the course and scope of employment. A worker's compensation case can be pursued regardless of the fault (if any) of the employer. There are some restrictions and caps on recovery in worker's compensation. Unless there is a showing of reckless conduct which is very difficult to do, the claim is controlled by the worker's compensation laws and procedures. Consult with a worker's compensation attorney. Most worker's compensation attorneys will provide a free consultation.
A: I'm not sure what the question is does not appear to have a question. But if you are electing benefits under Chapter 440 then that is your recourse. Since you are pursuing benefits under Chapter 440 tonight urge you to retain counsel to assist you and protect your rights along way. You have nothing to lose and everything to gain.
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