An appeals court has ruled that a former employee of The Kroger Co. should be allowed to file a lawsuit against the grocer for a work-related injury caused by a slip-and-fall accident. Texas laws allow employers to not subscribe to our state’s workers compensation system, and Kroger (based in Cincinnati) is a non subscriber.
The former Kroger employee worked as a “floor clean-up person” at Kroger in Mesquite, Texas, where he slipped and fell while cleaning up a liquid that had leaked out of the store’s ventilation system and onto the floor of the men’s restroom.
The lawsuit states that the fall caused the man to break his left femur and severely dislocate his hip. He spent nine months in the hospital and underwent six surgeries; his left leg is now two inches shorter than his right.
Because Kroger did not have workers’ compensation coverage, the employee filed a premises liability and negligence lawsuit against the grocer, stating that Kroger failed to provide safe premises for him to work in.
The U.S. District Court in Dallas ruled in Kroger’s favor, and the former employee appealed the case to the 5th U.S. Circuit Court of Appeals in New Orleans. In a unanimous ruling, the appellate court reversed the District Court’s ruling, finding that “a non subscribing employer cannot escape liability in Texas based solely on its employee’s knowledge of the risk at issue.”
Dangerous Conditions at my Job Caused My Work-Related Injury
If you have been injured due to dangerous situations or conditions at your job, speak with one of our Austin workers’ compensation attorneys today to tell us about your situation and circumstances. We understand what you are going through and want to hear your story. Feel free to comment below or visit our Facebook page to share your experiences.
>Did You Know: According to OSHA, 4,383 workers were killed on-the-job in 2012.
The Law Offices of Aaron Allison – Austin Workers’ Compensation Attorneys