personal injury advice

[Regular Joe]

My kid works as a costumed character at a Disney restaurant.

Coming out to do his first set, he slipped and fell in some water that was accidently spilled moments earlier by a server. He never saw the water because the opening in the headpiece makes it very difficult to look down. Since he fell akwardly, he's complaining of neck and back pain, and pain in his groin area.

Does he have any sort of chance trying to get monetary compensation going against a giant such as Disney? He's worked for them for about 4 years and doesn't want to cause any trouble, but he's tired of the b.s. rules and regulations Disney seems to make up as they go.

What do you think, guys?


Thanks!
"Joe"

 

[turksure]

Get to the doctor first, then do you know anyone who is a claim adjustor or an attorney. I would talk to them and make plans on your next action.

Forward the medical bills for reimbursement, you get paid and then they are on notice of the injury. Don't know CA WC or personal injury laws, not a lot of help. GL

 

[THE KOD]

EDDIE !

 

[freelancc]

there is no easier case than to go up against a 'mickey mouse' operation..:0corn

 

[kickserv]

freelancc..........:mj07: :mj07: :mj07:

 

[LetsMakeMoney]

which character was he?? :shrug:

 

[Phenom]

My kid works as a costumed character at a Disney restaurant.

Coming out to do his first set, he slipped and fell in some water that was accidently spilled moments earlier by a server. He never saw the water because the opening in the headpiece makes it very difficult to look down. Since he fell akwardly, he's complaining of neck and back pain, and pain in his groin area.

Does he have any sort of chance trying to get monetary compensation going against a giant such as Disney? He's worked for them for about 4 years and doesn't want to cause any trouble, but he's tired of the b.s. rules and regulations Disney seems to make up as they go.

What do you think, guys?


Thanks!
"Joe"

He has a worker's compensation claim, since he was injured on the job, medical bills and pay while he is out of work plus some pain and suffering as well, consult an attorney regarding this so that he doesn't settle for something less then what is owed to him.

As far as a personal injury claim, probably not, the restuarant has to be put on notice of the spill, and they are by the fact that the server spilled the water, but you said it was moments earlier, and they have a reasonable amount of time to clean it up, which requires them to get a towel or mop or both to do so, and the server probably (or at least they will say) was getting what he needed to do so, or at least telling someone about it...

 

[SixFive]

He has a worker's compensation claim, since he was injured on the job, medical bills and pay while he is out of work plus some pain and suffering as well, consult an attorney regarding this so that he doesn't settle for something less then what is owed to him.

As far as a personal injury claim, probably not, the restuarant has to be put on notice of the spill, and they are by the fact that the server spilled the water, but you said it was moments earlier, and they have a reasonable amount of time to clean it up, which requires them to get a towel or mop or both to do so, and the server probably (or at least they will say) was getting what he needed to do so, or at least telling someone about it...

I never see people who get hurt and miss a few days ever get paid a dime (lost pay). If they have vacation days they use them; otherwise, tough chit. Do they have to sue to get that? I hate the whole work comp process. Seems so unfair to those legitimately hurt even if only a minor injury.

 

[fatdaddycool]

All the King's Horses and all the King's Men can't put him back together again?:shrug: :shrug:

 

[kellyindallas]

His injuries will be filed under a worker's comp claim. If the water was spilled just briefly before, and nobody had been notified or had a chance to clean it up, he doesn't have a good cause of action. Typically, management has to have been notified of the problem, and to have neglected or taken an unusually long time (ie. not prudent or reasonable response to the situation) to clean it up. It doesn't sound like that was the case here. It's not negligent if it just happened moments before.

He will be made whole by making a worker's comp claim.

Kelly

 

[backcracker]

Have him give me a call I am in your area and treat many disney employees I am also a provider on his health insurance. 949-335-0390 I'm located in Costa Mesa.

 

[fatdaddycool]

His injuries will be filed under a worker's comp claim. If the water was spilled just briefly before, and nobody had been notified or had a chance to clean it up, he doesn't have a good cause of action. Typically, management has to have been notified of the problem, and to have neglected or taken an unusually long time (ie. not prudent or reasonable response to the situation) to clean it up. It doesn't sound like that was the case here. It's not negligent if it just happened moments before.

He will be made whole by making a worker's comp claim.

Kelly

HI honey,
missed you last week

Hope this helps,
FDC

 

[taoist]

Phenom hit the nail on the head.... It's a worker's comp claim.

 

[Regular Joe]

Thanks for the responses.
I didn't have a chance to talk to him yet this morning, but I imagine he feels worse than last night.


Backcracker--Thanks, I sent him your number. Is there anything in particular he should mention if he makes an appointment? Or do you have to be referred to by Disney?

 

[backcracker]

Just have him ask to speak with Dr. David and I will take care of him and see if we can do it as a workers comp case or under his health insurance the problem in southern california is that all insurance cmpanies for workers comp are forming their own medical provider networks and it is a big hassle but have him call me and I can help him out whichever way he wants to go on it

 

[kellyindallas]

FDC - it's "babe", not "honey".

It sure looked like you were having ENTIRELY too much fun at the tourney...

Maybe next year?

Kelly

 

[ppabart]

It sure looked like you were having ENTIRELY too much fun at the tourney...

FDC.....too much fun? Possible? :shrug:

Hope this helps...that for should :0corn

Bart :00hour

 

[fatdaddycool]

FDC - it's "babe", not "honey".

It sure looked like you were having ENTIRELY too much fun at the tourney...

Maybe next year?

Kelly

Well I was trying to spice things up a bit with the Honey thing sorry.
Yea...............i'm not real happy with the mouth agape laugh but when I laugh.................I laugh. Heck just check the signature, it was worth it.
Absolutely next year!!! I am trying to get them to come down here in November or somethingn of that nature so you never know. I do look godd though don't I babe:00hour

 

[fatdaddycool]

FDC.....too much fun? Possible? :shrug:

Hope this helps...that for should :0corn

Bart :00hour

:142smilie :mj07: No I don't believe it is. Can't wait to do it all over again:00hour :00hour I think Samantha ll probably either bring her swimsuit or find something else to do while we play golf though as she cracked me up when she told that it was boring and she was leaving. I was like...........you're tellng me:shrug: :shrug:

that for should


Hope this helps,
FDC:shrug:

 

[Eddie Haskell]

I could turn this into an intentional tort in no time. Puni's, atty fees, etc.

If the costume didn't fit,
Disney's in deep shiit.

Eddie