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Started By
Message
Do i need to lawyer up as they say
Posted on 2/18/16 at 10:52 pm
Posted on 2/18/16 at 10:52 pm
Really long thanks for those that read it.
I work two jobs and I'm in the National Guard as well. The first job is full time 2pm to 10:30pm mon-fri. Second job is part time dealer usually getting 32 hours per week from 4am to Noon.
So i was at the first job when i step off a fork lift stepped into a crack that has spread across the concrete floor immediately my ankle rolls and there are 4 or 5 loud pop and crack sounds. I fall to the ground and people come running some even saying they heard the sounds of my injury.
After going to the ER having inconclusive X-Rays i was put in a quick cast until i saw the orthopedic dr today he also couldnt tell whether there were fractures or not due to swelling the size of a orange. He put me in a boot and ordered a MRI thru workmans comp but said it could take up to ten days for that to come back thru the appropriate channels. So now i have to be on light duty at the first job ,if they can find work that is within my dr requirements, until i get my mri back and the dr can determine a course of action.
Now i will be getting fired from the Second job due to not being able to stand on my feet and deal so i will point out ,as well as, only getting 60% of my weekly income from workmans comp if i cant get put on light duty to get my full pay.
I recently purchased a home and the bills will begin to mount after about a month a half if the injury is as bad a suspected. I have tax returns coming in soon that will help but some family members and friends ive talked to think that the crack in the floor that caused the injury is a law suit waiting to happen for a unsafe work environment. Im married with three kids ive worked two jobs and guard duty for 3 years now. Not trying to sue but i feel like this could be a life altering event possibly losing home and other things. So i know that was a long story but i felt it was all necessary to get the full scope of everything. Please no trolling looking for honest advice TIA.
I work two jobs and I'm in the National Guard as well. The first job is full time 2pm to 10:30pm mon-fri. Second job is part time dealer usually getting 32 hours per week from 4am to Noon.
So i was at the first job when i step off a fork lift stepped into a crack that has spread across the concrete floor immediately my ankle rolls and there are 4 or 5 loud pop and crack sounds. I fall to the ground and people come running some even saying they heard the sounds of my injury.
After going to the ER having inconclusive X-Rays i was put in a quick cast until i saw the orthopedic dr today he also couldnt tell whether there were fractures or not due to swelling the size of a orange. He put me in a boot and ordered a MRI thru workmans comp but said it could take up to ten days for that to come back thru the appropriate channels. So now i have to be on light duty at the first job ,if they can find work that is within my dr requirements, until i get my mri back and the dr can determine a course of action.
Now i will be getting fired from the Second job due to not being able to stand on my feet and deal so i will point out ,as well as, only getting 60% of my weekly income from workmans comp if i cant get put on light duty to get my full pay.
I recently purchased a home and the bills will begin to mount after about a month a half if the injury is as bad a suspected. I have tax returns coming in soon that will help but some family members and friends ive talked to think that the crack in the floor that caused the injury is a law suit waiting to happen for a unsafe work environment. Im married with three kids ive worked two jobs and guard duty for 3 years now. Not trying to sue but i feel like this could be a life altering event possibly losing home and other things. So i know that was a long story but i felt it was all necessary to get the full scope of everything. Please no trolling looking for honest advice TIA.
This post was edited on 2/18/16 at 11:08 pm
16
Posted on 2/18/16 at 11:02 pm to Westlakeguy10
I'm normally against lawsuits but I would at least seek legal advice in this case.
Posted on 2/19/16 at 12:31 am to Westlakeguy10
quote:
family members and friends ive talked
You do need legal advice.
They don't know the first thing about workman's comp, which is that it's NOT fault based. You need some 3rd party claim for that.
I would contact an attorney you trust and ask them if they know someone that does comp. Hopefully they will get your benefits set up and then take a step back and not take 20% out of each check you get. don't. Do not. Don't get someone from a billboard or tv.
This post was edited on 2/19/16 at 12:34 am
Posted on 2/19/16 at 5:11 am to Westlakeguy10
How big was the crack?
Posted on 2/19/16 at 6:32 am to Westlakeguy10
Nugget or Lauberge?
Posted on 2/19/16 at 6:34 am to Westlakeguy10
I would first go talk with your boss at the job where you hurt yourself and see what the company has planned to deal with these unfortunate incidents.
I always think that people are fortunate to have gotten injured at work as opposed to your stairs at home. If you did the same thing by missing a stair in your house, you would not get a dime.
Lawyers are not the first answer.
I always think that people are fortunate to have gotten injured at work as opposed to your stairs at home. If you did the same thing by missing a stair in your house, you would not get a dime.
Lawyers are not the first answer.
Posted on 2/19/16 at 7:16 am to Westlakeguy10
Best bet is work comp claim. That will at least cover your medicals, get you some temporary disability payments and maybe future depending on the extent of the injury.
Uphill battle suing based on a crack
Uphill battle suing based on a crack
Posted on 2/19/16 at 7:41 am to Westlakeguy10
You need to talk to a lawyer.
Also, try calling your manager at the casino and explaining what happened and see if they can just not put you on the schedule for awhile.
Also, try calling your manager at the casino and explaining what happened and see if they can just not put you on the schedule for awhile.
Posted on 2/19/16 at 8:30 am to Westlakeguy10
Had anyone reported the crack to management and management had not done their due diligence in getting it fixed. I say this because if the crack had not been reported then possibly management was unaware of an unsafe work environment. Also did you exit the forklift with three points of contact or did you just step off. I am bringing these up because these are the type questions that will be brought up if you try to bring legal action against your company.
This post was edited on 2/19/16 at 8:31 am
Posted on 2/19/16 at 8:56 am to Westlakeguy10
quote:
I recently purchased a home and the bills will begin to mount after about a month a half if the injury is as bad a suspected.
Worker's comp and disability each will deny you for a long time and try to "starve" you back to work. I have seen it happen very often. The sooner you get some sort of advice or gameplan together, the better off you may be.
I would go speak to the owner or company first but I doubt the say anything. I had a guy that smoked some pot one morning before work fall off of the first floor of a house and cracked two of his lower vertebrae. After bringing him to the hospital, I called my lawyer and he told me to wait for the urine test then leave the guy at the hospital because if I did any more than that it could be seen as me admitting fault even though the guy was high as a kite. If these people have consulted their attorney (chances are they have) he has told them not to say too much to you. It's still worth a shot.
If nothing happens from there, I would go get a free consult from an attorney.
Posted on 2/19/16 at 9:10 am to Westlakeguy10
You need this job right? Then don't sue your employer unless you want to be out looking for another job. Do honestly approach your boss and tell him the ankle break means you can't work your second job, and you'd appreciate any/all of his efforts to find you some light duty, as you want to keep working as much as possible.
Meanwhile, slash your expenses to the bone.....seriously. You need to economize, stat. Even if you did sue to retain counsel to negotiate some better deal out of workers are facing a period of time of reduced income. Be proactive and cut expenses. Find some temp work for your spouse....some income is better than no income.
Thank you for your National Guard service.
Meanwhile, slash your expenses to the bone.....seriously. You need to economize, stat. Even if you did sue to retain counsel to negotiate some better deal out of workers are facing a period of time of reduced income. Be proactive and cut expenses. Find some temp work for your spouse....some income is better than no income.
Thank you for your National Guard service.
Posted on 2/19/16 at 9:17 am to stout
My wife doesnt work she takes care of our 1 and 2yr old girls. If she goes to work we would have to pay for day care. All of the grand parents work so free babysitter is not a option. I work at the Nugget and they said the only way they could help me is if i have to have surgery they can put me on 30 day LOA. Management definitely knew about the crack the plant manager and other high ranking company people walk thru the plant at least once a week. I really dont want to sue, I've never had to have a lawyer for anything. Im bout to go get my light duty description from orthopedic center and go by the first job see what they say then heading to the casino to see if im fired or not. I know a main point of some lawsuits is the "quality of life" argument and this injury changing my income making ability should fall under that umbrella.
This post was edited on 2/19/16 at 9:53 am
Posted on 2/19/16 at 10:50 am to Westlakeguy10
After they fire you, maybe your wife can go deal at the Nugget while you stay at home with the kids?
Posted on 2/19/16 at 1:27 pm to iknowmorethanyou
Firstly, find a recommended attorney and get a consultation as soon as possible. I understand the stigma of getting a lawyer/suing/govt assistance for people who were brought up with half decent parents. You are talking about a HUGE company that will (most likely) setlle, after drawing it out for some time. You WILL have hard times ahead of you. When you do talk to your boss DO NOT bring up the word "lawyer" or "suit", and if you can record the conversation with your phone in your pocket.
Take the advice of those above, start slashing costs, live "scorched earth". Yes, your quality of life is going to diminish, but keep your head up. Things will get better. It's better to stay ahead of the ball. Go to a lawyer immediately, or even a few, until you find one your comfortable with. You have a family, when you find out if you are losing both jobs find every bit of government assistance possible and apply IMMEDIATELY. You have to stay ahead of this to prevent as much fall out as possible.
Another piece of advice, although the OT is extremely sarcastic, and full of assholes, when people are hard off or in bad situations, they do, sometimes, offer legitimate advice, and I know there are lawyers active on that board. You may want to touch up your grammar and post on that board, as well.
Best of luck to you.
Take the advice of those above, start slashing costs, live "scorched earth". Yes, your quality of life is going to diminish, but keep your head up. Things will get better. It's better to stay ahead of the ball. Go to a lawyer immediately, or even a few, until you find one your comfortable with. You have a family, when you find out if you are losing both jobs find every bit of government assistance possible and apply IMMEDIATELY. You have to stay ahead of this to prevent as much fall out as possible.
Another piece of advice, although the OT is extremely sarcastic, and full of assholes, when people are hard off or in bad situations, they do, sometimes, offer legitimate advice, and I know there are lawyers active on that board. You may want to touch up your grammar and post on that board, as well.
Best of luck to you.
Posted on 2/19/16 at 3:51 pm to Westlakeguy10
quote:
My wife doesnt work she takes care of our 1 and 2yr old girls. If she goes to work we would have to pay for day care. All of the grand parents work so free babysitter is not a option. I work at the Nugget and they said the only way they could help me is if i have to have surgery they can put me on 30 day LOA. Management definitely knew about the crack the plant manager and other high ranking company people walk thru the plant at least once a week. I really dont want to sue, I've never had to have a lawyer for anything. Im bout to go get my light duty description from orthopedic center and go by the first job see what they say then heading to the casino to see if im fired or not. I know a main point of some lawsuits is the "quality of life" argument and this injury changing my income making ability should fall under that umbrella.
My man, I am a personal injury lawyer, and I'm telling you to go talk to a personal injury lawyer. Most all will have a free consultation. Write down any questions you have and go talk to someone who knows more about this than you do. Scheduling a meeting and asking questions is not hiring he/she to be your lawyer.
You're right in that this situation has the possibility of spiraling out of control and being a life-changing event, so you need to go do your homework now before it does.
This post was edited on 2/19/16 at 3:54 pm
Posted on 2/19/16 at 5:37 pm to Westlakeguy10
I don't have any great advice for you. But I will pray for your family and this situation for quick healing and blessing. 
Posted on 2/19/16 at 5:38 pm to boosiebadazz
I appreciate the advice everyone.
Job #1 where the injury happened is having a meeting with the morning supervisors to see if they can use me and still follow the light duty guidelines monday morning.
Job #2 said they are going to wave my probationary period because of the injury and if it appears that i will point out they will term me and put me on immediate rehire status(feel like that is a best case scenario for me).
The National Guard is letting me miss drill this month.
Job #1 where the injury happened is having a meeting with the morning supervisors to see if they can use me and still follow the light duty guidelines monday morning.
Job #2 said they are going to wave my probationary period because of the injury and if it appears that i will point out they will term me and put me on immediate rehire status(feel like that is a best case scenario for me).
The National Guard is letting me miss drill this month.
Posted on 2/19/16 at 5:51 pm to Westlakeguy10
Here's the important question: How is your mother's back?
Posted on 2/19/16 at 5:53 pm to Westlakeguy10
I will say this, 2 jobs and National Guard, I appreciate your hustle
Posted on 2/19/16 at 8:35 pm to PortCityTiger24
What do you mean how is my mothers back ?
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