Asked in Personal Injury for Tennessee

Q: Got hurt at Walmart don't remember the day that happened did fill out a report and without the date do I have a case

Probably going to end up have a have an operation and I can't get a copy of the accident report and don't remember the date when I have a case since I can't remember the date exactly

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2 Lawyer Answers
Anthony M. Avery
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  • Knoxville, TN
  • Licensed in Tennessee

A: Look through a calendar carefully and figure out when you were working. Then contact an attorney to file a worker's compensation claim.

Ben Bingham

A: The simple answer is Yes, you still have a case. The important thing is that you filled out an incident report. Our firm has filed numerous claims against Walmart. Historically, Walmart does a fair job in preserving the evidence and getting statements from the injured party and potential witnesses. They will usually take photographs of the surrounding area where the incident took place and document physical injuries that may be observed. Finally, they will keep the incident report as this places them on notice of potential liability and triggers their duty to preserve evidence. You may want to attempt to contact Walmarts risk management department to obtain a copy of the incident report. If they will not turn the same over, you can file a lawsuit and serve a subpoena which will force their hand in turning the documents over.

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