Panama City, FL asked in Civil Litigation, Employment Law and Personal Injury for Florida

Q: I slipped and fell at work. Company provide no non slip mats in kitchen. Are they grossly negligent?

They provide no non slip mats for wet floors that they know always get wet, from ice to drinks to spills. They also don’t have good enough drainage as it’s under a fixture blocked by ice bin. It’s a kitchen. Also my back already has been hurt before so because of them not taking proper care it was painfully sore to were I couldn’t move barely and now it’s back to how it felt when I first hurt it. Sore if I stand to long , or pick up to much stuff that’s heavy, or if I sit the wrong way.

5 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Have you filed a workers compensation claim?

Stephen Arnold Black
Stephen Arnold Black
Answered
  • Orlando, FL
  • Licensed in Florida

A: If this was an injury on the job then it would be covered by workman’s compensation. Call an attorney who specializes in workman’s compensation.

Jay P. Lechner Esq.
Jay P. Lechner Esq.
PREMIUM
Answered
  • Tampa, FL
  • Licensed in Florida

A: I agree with the previous responses that this may be covered under workers' compensation. In addition, OSHA recommends restaurants use non-skid mats and/or other non-slip floor surfaces in areas that tend to get wet. A complaint could be filed at www.osha.gov.

Jeffrey Snyder
Jeffrey Snyder
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: Are you asking whether they are grossly negligent so you can pursue a 3rd party claim against the employer directly to avoid worker's comp? Honestly, based on the facts you provided, I am not seeing it rise to the level of a claim against your employer.

Mr. Joseph I. Lipsky
Mr. Joseph I. Lipsky
PREMIUM
Answered
  • Delray Beach, FL
  • Licensed in Florida

A: Generally speaking an injured victim of an accident does not need to prove gross negligence. If someone is injured at a business, that customer only has to prove that the business knew or should have known of the condition, which ultimately caused them to slip and fall, and that the business did not use due care to correct the condition they knew of or should have known of had the business acted properly. This is codified in Florida Statutes which specifically discusses foreign transitory substances.

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