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Personal Injury Law (Accidents/Slip & Fall)/could any kind of lawsuit be filed?


My sister has been working at a family owned resturant for about 4-6 weeks. The owner does not file taxes and pays his employees in cash. The employees do not punch in on a timeclock, but rather fill out a time slip by hand. Recently my sister spilled hot oil from the deep fryer on herself, causing a 2nd degree burn. Because of this, her boss fired her. He did not offer any kind of medical compensation for her to get the burn treated, as technically she is not really working there by any means that she could prove and has not been assured any sort of compensation for work related injuries. Furthermore, when she went to pick up her last "check" ( which was just cash in an envelope), he showed her the timecard. The timecard was written in his handwriting and the times were wrong. He threw out her reaal timecard and altered it so that he could pay her less than what he owed for the hours she worked. Now, I realize that technically what they both were doing is illegal as no taxes were being filed, but she only worked there for a short time. And the witnesses present during the injury are also employees and may be penalized for not filing taxes and working under the table, and I'd hate to see anything happen to them or my sister. It's there anything that can be done for her? Or is she just out of luck? Thanks in advance.



I am sorry to hear about the difficulty that your sister has experienced at her job.  As you note, there are many things wrong with this situation. It is not a personal injury matter, but a matter for an employment attorney.

I recommend that your sister immediately contact an employment attorney. If  she needs help finding one, she can contact her local bar association or one of the many online directories such as or She should also contact the State Department of Labor about the unfair and illegal labor practices of this business.

I hope this information helps.  

Personal Injury Law (Accidents/Slip & Fall)

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Carol L. Schlitt


I am a New York personal injury attorney with over 20 years experience handling car accident and motor vehicle cases, slip and fill cases, medical malpractice, premises liability, pedestrian and bicycle accidents and personal injury cases. I have been named Municipal Attorney of the Year in New York City and had my cases listed among Top Ten Verdicts in New York. I publish the leading legal blog, New York Law Thoughts. I am active in the New York Trial Lawyers Association, and the Bar Associations of the Bronx, Brooklyn and Suffolk.


I am a New York personal injury attorney with over 20 years experience. I previously served as Associate Corporation Counsel in the New York City Law Department and was named New York Municipal Attorney of the Year. I served as Lead Trial Counsel for Manhattan Law firm of Acito and Klein. I have led my solo law practice for over ten years focused on personal injury and medical malpractice awards. My cases have been listed among the Top Trial Verdicts. I publish the leading legal blog, New York Law Thoughts. I am active in the New York Trial Lawyers Association and the Bar Associations of the Bronx, Brooklyn and Suffolk and I serve as a judge in the national collegiate moot court competition. I am admitted to practice in New York and the Federal District Courts, Eastern and Southern Districts.

• American Trial Lawyers Association • New York State Bar Association • New York State Trial Lawyers Association • Bronx Bar Association • Brooklyn Bar Association • Suffolk County Bar Association • Holy Cross Alumni Lawyer’s Guild • St. John's University Alumni Association • National Association for Female Executives

My writings have appeared in Newsday, The Long Islander, the Times of Huntington and the legal blog, New York Law Thoughts.

I received my undergraduate degree from the College of the Holy Cross in Worcester, Massachusetts and graduated from St. John’s University Law School. I have taken graduate courses at New York University.

Awards and Honors
• Named Municipal Attorney of the Year • Cases listed among the Top Ten Verdicts in New York State • My blog, New York Law Thoughts, has been listed as one of the leading U.S. Law Blogs

Past/Present Clients
I have had hundreds of clients over my 20 plus years as an attorney. All of my current clients are individuals living in the New York metropolitan area (Brooklyn, The Bronx, Manhattan, Queens, Nassau, Suffolk and Westchester). I can provide references upon request.

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