Fall due to Home Depot negligence

What is the name of your state? California
While trying to pick up and place on cart a bag of cement from pallet with broken boards that were sticking out at sides along with strips of shrink wrap on floor, I became tangled in shrink wrap and fell (holding bag of cement) against the pallet making contact with my elbow and knee.
Going thru check-out line, cashier asked why I was bleeding. I explained and she called a manager. I retold incident to manager and noted the video cameras could probably verify. He stated the cameras were not in operation and radioed for area to be cleaned immeadiatly.

Within 2 days I could not walk due to intense back pain. I did have pre-existing, but improving back problem. I'm a landscape contractor (own business) and have since had back surgery, but still unable to perform as before the fall.

I have given medical info to their claims adjuster and explained lost income since 7/03/04. Since I pay my crew in cash with no checking account proof of paying them they offered me $3,500. What a joke. I DO NOT want to hire a attorney. Can someone Please offer advice on my options - Thank You

"I became tangled in shrink wrap and fell (holding bag of cement) against the pallet making contact with my elbow and knee"

looks like you are at fault.

"...Since I pay my crew in cash with no checking account proof of paying them they offered me $3,500...."

You caused an accident and they want to PAY you!?

Take the dough immediately.

Yes, it sounds like a concrete offer.

You have to show documentation that proves you had to pay out lost wages. Since you pay your employees in cash you have no proof. What did you expect, the insurance co. to just take your word f/ it? C'mon.

GAAtty

Slip and fall, especially in stores, differs depending on the state you are in. In general, however, if you saw the problem (the shrink-wrap) you were supposed to be "on notice" to be extra-careful. That is going to be a problem with your case. A second problem (as I see it) is that you complained about initial elbow and knee injury, and two days later it is your back. That is hard to reconcile, and if it were reconciled, it would take a physician to explain the inconsistency. I doubt that you will get a much higher offer without an attorney. However, even with an attorney, your proof of lost income is not as important as you have been led to believe. If one were paid for injuries only by lost income, then people who are injured who have no income, such as retirees, full-time students, homemakers, and children, would never get anything for injuries. Lost income is only one of the factors that make up a payment. There is still a value put on pain and suffering, and also lost work time, future pain or disability, future medical bills as a result of the injury, and more. You are letting them convince you that lost income is the only way to calculate damages. That is why YOU NEED AN ATTORNEY--because you do not know enough. Many attorneys who do personal injury will not charge for initial consultation, and also may do the case completely on contingency. It will not hurt to ask one or two.

Just as a side note, a 1099 would be proof, if you aren't filing this and made a statement to Home Depot, I hope it is turned in and you will have even more tax problems. What you are talking about doing is ripping off the rest of us law abiding tax payers and I for one am tired of paying for people like you.

djohnson said:

Just as a side note, a 1099 would be proof, if you aren't filing this and made a statement to Home Depot, I hope it is turned in and you will have even more tax problems. What you are talking about doing is ripping off the rest of us law abiding tax payers and I for one am tired of paying for people like you.

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Here. Here. If I handle an injury claim w/ someone and they claim lost wages to get more money, and I find out they have no 1099 to prove to me how much taxable income they have, I usually turn them into the IRS. People don't understand that you can only claim lost wages on taxable income.

Take their money, take it now! They don't really have to offer you anything.

Lynx 36 said:

Here. Here. If I handle an injury claim w/ someone and they claim lost wages to get more money, and I find out they have no 1099 to prove to me how much taxable income they have, I usually turn them into the IRS. People don't understand that you can only claim lost wages on taxable income.

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If any attorney did this, it would be a gross violation of his confidentiality rule.

Do you hire illegal aliens who have no SSN so you can't pay taxes on their behalf and you don't want to get busted by paying the untaxed wages with a check? How do your clients pay you? With a check? How do you cash it? Anybody can get a checking account, so there is not legitamite reason not to have one if you are running a business.

seniorjudge said:

If any attorney did this, it would be a gross violation of his confidentiality rule.

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True. But I'm no atty. The people I deal w/ are claimants, not clients. It is the duty of any American citizen to report potential illegal activity to the proper authorities.