Dasratsel

Bad fall on the job

12 posts in this topic

Early this year I suffered  a bad fall from approximately seven feet high. I was performing my duties while standing on a ladder. Unknown to me the ladder had been horribly repaired with a piece of tin and sheet metal screws. While on the ladder, the ladder tore apart at the repair forcing me to fall backwards onto my arms. My employer quickly had the ladder destroyed the following morning, and is refusing to release the name of the person who repaired the ladder.  The result of the fall so far is that both my rotator cuffs had to be rebuilt not just repaired. Unrepairable damage has also taking place in my elbows and right hand. I have had two surgeons state it is unrepairable. Due to the nature of my job, I will not be released by my doctor to perform my duties as it requires very heavy lifting. I have properly made all the claims to Workers Comp and have a WC lawyer. My WC lawyer states I cannot sue my employer in the state of Kentucky.  However, I found out that my employer has been sued at least five times by employees and lost all five cases. I also found through state statute 96A that my employer can sue and be sued. My question is how do I go about finding a personal injury lawyer who can help me or at least provide answers that my WC lawyer will not discuss

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My WC lawyer states I cannot sue my employer in the state of Kentucky.

 

Anyone can sue anyone for anything, but suing and winning are two very different things.  What your lawyer really means is that an employee's exclusive remedy against his employer for an on-the-job injury is a workers' comp claim.  See p. 8 of this:  http://labor.ky.gov/workersclaims/Publications%202/2011%20DWC%20Guidebook.pdf

 

 

 

However, I found out that my employer has been sued at least five times by employees and lost all five cases.

 

Do you have any reason to believe any of these lawsuits had anything to do with on-the-job injuries?  Have you read any documents relating to those lawsuits?  Where did you find this out?

 

 

 

I also found through state statute 96A that my employer can sue and be sued.

 

No idea what you're talking about here.  Kentucky statutes are numbered in this format:  xxx.yyy.  "xxx" is the chapter number, and "yyy" is the individual statute number in that chapter.  You're certainly not talking about Chapter 96A, which governs mass transit authorities.  In any event, that your employer "can sue and be sued" doesn't have anything to do with this.  Any natural person, corporation, LLC, etc. "can sue and be sued," but that doesn't have anything to do with whether any given person has a valid legal claim.

 

 

 

My question is how do I go about finding a personal injury lawyer who can help me or at least provide answers that my WC lawyer will not discuss

 

If you have questions, you certainly may post them here.  You can use the "find a lawyer" link that is prominently displayed at the top of every page at this site if you want a second opinion from another lawyer in your area.

attkissonlawfirm likes this

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Dasratsel,

 

Thank you for the post, your WC attorney may be telling you are unable to sue your employee because workers compensation law.  There are exceptions for things such as products liability and your employer committing an intentional act (tort) against you.

 

Here is a general overview:

 

Workers Compensation: Can I sue My Employer Instead?

 

If you think an exception applies you can use this link to search for a personal injury attorney.

 

I would be glad to give you more information if you wish

 

-The FindLaw.com Team

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Anyone can sue anyone for anything, but suing and winning are two very different things.  What your lawyer really means is that an employee's exclusive remedy against his employer for an on-the-job injury is a workers' comp claim.  See p. 8 of this:  http://labor.ky.gov/workersclaims/Publications%202/2011%20DWC%20Guidebook.pdf

 

 

 

 

Do you have any reason to believe any of these lawsuits had anything to do with on-the-job injuries?  Have you read any documents relating to those lawsuits?  Where did you find this out?

 

Yes, two were injury lawsuits. One for frost bite and the other for a broken collar bone. Spoke to both people and saw documents.

 

 

No idea what you're talking about here.  Kentucky statutes are numbered in this format:  xxx.yyy.  "xxx" is the chapter number, and "yyy" is the individual statute number in that chapter.  You're certainly not talking about Chapter 96A, which governs mass transit authorities.  In any event, that your employer "can sue and be sued" doesn't have anything to do with this.  Any natural person, corporation, LLC, etc. "can sue and be sued," but that doesn't have anything to do with whether any given person has a valid legal claim.

 

Yes, I am talking about a mass transit authority. My employer.

 

 

If you have questions, you certainly may post them here.  You can use the "find a lawyer" link that is prominently displayed at the top of every page at this site if you want a second opinion from another lawyer in your area.

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You aren't going to be able to sue your employer here as WC is your exclusive remedy. I'm not even seeing a third party claim against any other entity. If say, the ladder was defective per the manufacturer, you might have a claim against the company which made the ladder. If it was broken and repaired, that isn't on the manufacturer any longer.

 

It is irrelevant that your company destroyed the ladder (why would they keep a broken ladder which already caused one injury?), nor the employee who made the repair. It changes nothing as  far as your claim is concerned so the only purpose that knowledge would serve would be revenge. This assumes they even know which of any number of employees repaired that particular ladder.

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You aren't going to be able to sue your employer here as WC is your exclusive remedy. I'm not even seeing a third party claim against any other entity. If say, the ladder was defective per the manufacturer, you might have a claim against the company which made the ladder. If it was broken and repaired, that isn't on the manufacturer any longer.

 

It is irrelevant that your company destroyed the ladder (why would they keep a broken ladder which already caused one injury?), nor the employee who made the repair. It changes nothing as  far as your claim is concerned so the only purpose that knowledge would serve would be revenge. This assumes they even know which of any number of employees repaired that particular ladder.

certainly not for revenge. I have never used workers comp in 40 years. I am just worried if I cannot return to work, how do I secure my future?

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Ok, so simply citing the Chapter doesn't help much.  However, it's possible that MTAs may be subject to different rules.  I will suggest that you consult with the attorney(s) that represented the persons who were plaintiffs in the successful lawsuits against your employer.

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You didn't say whether your employer is a governmental entity. If so, your

state may have tort claim written notice requirements for the contemplated

Plaintiff (you and/or your spouse's loss of consortium claim) to comply with. 

 

Also, "ladder" engineers tend to be expensive as expert winesses.

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If you are unable to return to the job you previously held there are a number of options under WC. Vocational Rehabilitation may be offered or permanent partial disability/ permanent total disability. The destruction of the ladder and the name of the employee who repaired it have nothing to do with this.

 

If you have links to the cases or the names of those who "sued" the employer can you post them? I have a strong suspicion as to what it really is but I'd like to do the research before stating for certain.

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If my employer can not or will not honor my doctors restrictions after being put at full MMI. Do I still receive TTD from WC ? Or do I have to search for other employment or go on unemployment ?

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If your employer does not have a job which is vacant, for which you are qualified, and within your permanent restrictions, you can be terminated. You would not be eligible for TTD as your condition is no longer temporary. You can ask about voc rehab, if your condition is such that you can no longer find work for which you are qualified. Otherwise, you would file for PPD and unemployment.

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On 8/19/2015 at 1:42 PM, pg1067 said:

 

Anyone can sue anyone for anything, but suing and winning are two very different things. 

 

 

 

 

 

I must agree with that. 

Edited by FindLaw_GK
Took out self-promoting link.

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