Selma, CA asked in Personal Injury and Workers' Compensation for California

Q: I slipped and fell at my place of business but I had not clocked in yet. My bosses did not do an injury report

I slipped on a wet floor, no signs were displayed, no witnesses but there are cameras.

4 Lawyer Answers

A: Consult with an attorney who handles both worker’s compensation cases and personal injury third-party cases.

A: Contact a workers comp lawyer asap...s/he may bring on a labor lawyer?

if you were an employee, it would no doubt be WC

if not it would possibly be a third-party regular slip-and-fall negligence case.

Haleh Shekarchian
PREMIUM
Answered

A: You can still file a Workers Compensation claim since it happened at your employer’s premises.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In California, if you're injured at your place of employment, even before clocking in, it's important to report the incident to your employer as soon as possible. Under state law, employers are required to provide workers' compensation coverage for injuries that occur in the course and scope of employment. This includes incidents that happen on the premises before the official start of a work shift, especially in situations where the employer's negligence, such as a lack of warning signs for a wet floor, may have contributed to the accident.

Since your bosses did not complete an injury report, you should take the initiative to document the incident thoroughly. Write down the details of the fall, including the date, time, and circumstances, and formally report the injury to your employer, requesting that an injury report be filed. If there are cameras that captured the incident, mention this as it may serve as evidence for your claim. Documentation is key in workers' compensation cases, particularly when there are no witnesses.

It's also advisable to seek medical attention for your injuries, if you haven't already. Medical records will be crucial in supporting your workers' compensation claim. If you encounter difficulties with your employer not cooperating or denying your claim, consider consulting with an attorney who is experienced in workers' compensation law. They can guide you through the process, ensuring your rights are protected and you receive the appropriate medical care and compensation for your injuries.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.