Letters: Is An Injury Claim Worth My Friendship?

Dear Chandler, 

Today at work I fell through some old boards at someone’s house and broke my heel. The drop was about eight feet. My boss said I shouldn’t file a workers’ comp claim because he’s had problems in the past and doesn’t wanna get shut down. He told me he would cover the costs out of pocket and even pay my salary while I’m out of work. But, I’m worried that if I don’t file a claim now, I might end up with a long term injury and no guarantees for the future. 

I already went to the doctor and told them that I fell at home while I was alone. But, my coworker was with me at the time of the fall and he saw everything. I took pictures of the scene too. If I would have knew about the rotted old boards I would have been more careful where I was stepping. My boss is a family friend. What should I do?  

Also, is there any other route we can take other than a Workers’ Comp claim? 

– Fearing Friendly Fire

 

Dear Fearing Friendly Fire,

Looking out for your family and friends is admirable, but in this case, it’s definitely not the way to go. If your boss has multiple issues with worker injuries and doesn’t make adjustments to create a safer working environment, then by ignoring the problem, you’re just putting the next guy at risk.

Your fall should be covered by your boss’s liability insurance. That coverage is required by law. If the company isn’t properly insured, then you shouldn’t have been working there in the first place. You’re also entitled to a worker’s comp payout.

Don’t wait for someone else to share in your misfortune. File a workers’ comp claim today. I can walk you through the process and help you figure out how to explain to your boss that you have to look out for your best interests and the interests of your family. If he is really a friend, he will understand.

However, if you really do not want to go that route, we can maybe look at filing a premises liability claim.  This type of claim is one where the property owner should have either warned you of the unsafe conditions on the property, or he should have repaired the hazard before anyone was walking around out there.  If you would like to ask more questions, please do not hesitate to contact me, my advice is free and you can decide what is the best plan of action.

Best,

Premises Liability Lawyer

Maze Law Offices
N/a