Employer Liable for injury in Workplace?

opfleet · 12-12-2018 8:53pm #1

I have a friend who fell down the stairs at work and lost her front tooth as a result. She is from Asia and she did not sign a contract and was getting paid in hand every week. She is wondering if her employer is liable to pay for the medical expenses?
(She has been working at this place for over a year.)

wench · 12-12-2018 8:55pm

Were the stairs defective, wet, or in some way hazardous?
If not and she just fell, then no.

opfleet · 12-12-2018 9:38pm

She has no proof to show it was hazaderous at the time. She thinks it was wet cause it was raining outside and some people would have had wet shoes.. So basically she has to pay the hospital bill and tooth repair?

Under His Eye · 12-12-2018 11:57pm

Cash in hand does not absolve an employer from his responsibilities.

splinter65 · 13-12-2018 12:07am

Under His Eye wrote: »

Cash in hand does not absolve an employer from his responsibilities.

How will she prove she is an employee if the employer says she is not?

Peregrinus · 13-12-2018 3:18am

splinter65 wrote: »

How will she prove she is an employee if the employer says she is not?

There will be a conflict of evidence between her and the employer, and the court/tribunal will decide which account is, on balance, more probably true. If the employer insists that she was not an employee he will have to offer some alternative account of how she came to be on the premises, what she was doing there, etc, etc. If that account is to be plausible, it may need to be backed up with evidence from other staff, who may be reluctant to perjure themselves or who, if the account is in fact fabricated, may not stand up on cross-examination.

Obviously, if other staff are also being paid under the counter, the employer cannot call them as witnesses to back up his version, since a simple question on cross-examination as to the basis on which they are paid will tend to show that the claimant's account is believable.

hullaballoo · 13-12-2018 9:10am

Moderator: Posts deleted for breaching the rule against legal advice by purporting to determine liability in relation to the facts given by the OP.

Please remember the forum chat when posting here.

zapitastas · 13-12-2018 9:19am

wench wrote: »

Were the stairs defective, wet, or in some way hazardous?
If not and she just fell, then no.

I don't know how you can be so definitive. If she fell on a staircase on the premises then there is an issue there.

Odelay · 13-12-2018 9:21am

zapitastas wrote: »

I don't know how you can be so definitive. If she fell on a staircase on the premises then there is an issue there.

Why? What if she tripped on her own shoe laces going down the stairs or wasn’t using the handrail provided? How is it the employers problem then?

hullaballoo · 13-12-2018 9:37am

This kind of speculation is totally pointless. We don't know how she fell yet. We may never know.

In the absence of any other reason, you would normally assume a reasonable adult will only fall down the stairs if there's a defect or hazard.

Despite reports to the contrary in the Indo etc, by far and away the vast majority of people don't put themselves in danger on purpose.

Masala · 13-12-2018 9:43am

Just cos she fell in work doesn't mean employervis liable. She got to prove negligence on employer behalf.

So if she fell down your stairs on a visit to your house.... would u think it ok to sue you???

GM228 · 13-12-2018 11:23am

Masala wrote: »

Just cos she fell in work doesn't mean employervis liable. She got to prove negligence on employer behalf.

Negligence or a breach of duty are a cause of action, you can pursue either or both. If you pursue breach of duty negligence is not the issue.

Also when you do pursue negligence it is not as simple as proving negligence, not only must you show the employer was negligent, but you must also show show that the negligence caused the injury and the injury was reasonably foreseeable, finally there is also the issue of contributory negligence which may be a factor.

PattyO88 · 16-12-2018 12:27pm

opfleet wrote: »

I have a friend who fell down the stairs at work and lost her front tooth as a result. She is from Asia and she did not sign a contract and was getting paid in hand every week. She is wondering if her employer is liable to pay for the medical expenses?
(She has been working at this place for over a year.)

Depends on many things. If she was unconscious then no, if she proves that the owner was responsible for falling down then she may get benefits.

Employees have the right to file a workers' compensation claim when an injury occurs on the job. If an injured employee requests a form to file a claim, you must provide it. You should also file a report regarding the injury immediately, and you need to cooperate with requests for information from the workers' compensation insurance provider and its attorneys.

Although an employee has an active claim, if you are contacted by any other legal entity regarding the accident, reach out to workers compensation before responding through your own attorneys. After the employee has recuperated and provided a doctor's letter stating he is able to return to work, treat him the same as your other workers or you risk violating labor laws.

Emmersonn · 16-12-2018 12:30pm

zapitastas wrote: »

I don't know how you can be so definitive. If she fell on a staircase on the premises then there is an issue there.

Was she under the influence of alcohol or drugs, prescription or otherwise. If she was then there is also an issue there.

AndrewJRenko · 16-12-2018 8:57pm

Was she carrying any goods or equipment when she fell?

Employer Liable for injury in Workplace?

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