In a rare instance, a waitress has won a slip and fall lawsuit that was filed against the owner of the restaurant that she worked at.
Waitress Sues Employer And Restaurant Owner
In 2015, a waitress was working for the owner of Al Saha Restaurant in Dearborn, Michigan. The restaurant was closed for the night, everything had been put away, and the floors had been mopped. Then the restaurant owners friends showed up.
The owner showed his friends to a seat and told the waitress that she needed to stay to serve them even though the restaurant was closed and her shift was technically over. She pointed out that no one should be on the floor which was soaking wet but he ordered her to serve them anyway.
When approaching the table she slipped and fell, landing on her elbow.
She was diagnosed with a fracture that required a metal plate and screws to stabilize. Her surgeon has informed her that she has arthritis in the elbow that will only worsen with time.
Restaurant Owner Failed To Have Workers’ Compensation
In Michigan, as well as the other 49 states, workers’ compensation is required by law. Employers must provide employees with coverage so that their medical bills and a fraction of lost wages are paid for. In return, employers are protected from personal injury lawsuits.
In this case, the restaurant owner failed to carry the insurance despite the law.
He promised to pay for the waitresses medical bills if she didn’t report the issue. For a while he did – then the payments stopped. That’s when she took legal action, suing her now former employer.
The case went to trial and the jury ultimately sided with the plaintiff, awarding her $235,000 total, including $200,000 for her medical bills, $15,000 for her mental anguish, and $20,000 for her physical pain.
Slip & Fall Lawsuits Provide For The Future
Taking legal action may seem like an unnecessary step if you’ve been seriously injured in a slip and fall accident but it is likely the only way that you will be able to fully recover the full compensation that you need for all of your losses.
Medical treatments can be required for the rest of your life and the physical, as well as emotional trauma, may never go away. But there are numerous treatments that can help ease the pain. That being said, treatments are never inexpensive.
The successful verdict or settlement that may come from a civil lawsuit should provide for all past and expected future lawsuits. The total amount that can be recovered changes from case to case depending on what has actually been lost by a plaintiff.
Civil Lawsuits And Workers’ Comp Can Be Filed At The Same Time
In some cases, slip and fall victims have the right to file both a civil lawsuit and a workers’ compensation claim. For example, if a delivery driver is doing their rounds and falls because of a broken step on a property, they could be eligible for both workers’ compensation and a civil lawsuit.
The legal team at Philly Slip And Fall Guys can review your case and let you know all legal claims that you are eligible to make.
Working With A Qualified Slip & Fall Attorney Is Important
If you or a loved one have been injured in a slip and fall accident, one of the most important decisions you will make is choosing an attorney.
At Philly Slip & Fall Guys, we encourage our clients to speak with several law firms before choosing one. We understand how personal this choice is and we want you to be sure you’ve picked the best option for you. We encourage you to ask questions such as:
- How long have you been practicing law?
- Do you have experience handling slip and fall cases?
- Who will be working on my case?
- How often will you update me on my case?
- Can you provide examples of successful outcomes for your past clients?
- Do you have any former clients who would be willing to provide a reference?
Our attorneys are happy to answer any questions that you and your loved ones may have about our legal approach, our history, and how we can help you.