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boss says my claim isn't viable

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triple0soul

Guest
What is the name of your state? TX

Last year on Christmas Eve I was working the late shift at this local adult book store. Pretty much the same routine every night. Right before you leave for your shift you are supposed to go back to the private viewing areas and mop the floors. Well it was Christmas Eve and it was a slow night so the guy working before me said that only a few people were back there so he didn't mop the floor. It is then my responsibility to make sure that the private viewing room are properly stocked with tissue. So the guy working before me leaves I make my way to check on the rooms. On the way back I slipped on some semen and totally crushed my elbow on the concrete floor. The guy before me totally didn't do his job and I think I should be compensated for this accident that has left my elbow locked in a 45 degree angle position permanently. Sounds like a very simple lawsuit right. Well there are other elements. It was my bosses employee who didn't do his job causing me to slip and injure my elbow. 100% my bosses fault. The other element was that I did have quite a few beers before showing up to work. So my boss says that it was the beer causing me to fall. I am curious, am I entitled to some workers comp or should I just go for the lawsuit in one big chunk?

Thanks
 


Beth3

Senior Member
In response to the comments on your work environment and the reasons for several of your job duties, may I just say Ewwwwwwwwwwwwwwww. :eek:

Okay, now that I have that out of my system. (a) You can't sue. You were injured on the job. Your sole remedy is worker's comp. (b) It may be too late to file a worker's compensation claim but you are free to contact your State's WC Division and inquire. The fact that the boss knew about your workplace injury and failed to file a First Report of Injury with their WC carrier may nullify any statute of limitations. (c) Apparently you reported to work drunk. If your employer is found liable for your injury, that may reduce any monies you are due as a result of your injury. That will depend on your particular State's WC reg's.
 
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triple0soul

Guest
First of all thanks for the response.
a) I can't sue, that's no good. I have tons of bills to pay and I thought I was going to get a huge payoff. I have a 2006 Ranger Rover, a 25' Bullet bass boat, and a 70" wide screen tv that are all coming up to be paid. Just doesn't seem right.
b) Isn't it the bosses repsonsibiliy to file all that stuff. Worker's comp etc. He's the one with the fancy diploma and all. I am just a hard working man.
c) I know some people think it's bad to drink at work but I work the night shift. I don't know what the big deal is. It's not like I am doing surgery or anything. I am just taking money for goods and some floor mopping.

Bottom Line: If that guy would have properly mopped the floor like he was supposed to do my elbow would be fine today. What is ridiculous. This guy owns all kinds of different businesses and is very rich. It's not like paying me off would hurt him or anything.
 

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