Okay first off my husband works as a truck driver. He delivers milk to Dominicks in Chicagoland area. In one of the Dominicks there was a patch of ice that he slipped and fell on and his back is hurt. His boss sent him to the doctor(don't know whats wrong yet as this just happened not to long ago.) Is this reasoning for a lawsuit against them if there is something wrong with my husband? And is so does anyne know any good lawyers in Chicagoland that could take this case up but not recieve anything until the lawsuit is over. My husband took picture(with his phone) of the patch of ice and the store # and location. He may be out of work too. He said it hurt to walk. Help Please............
2006-08-28 07:54:44 · 4 answers · asked by lillady 4 in Politics & Government ➔ Law & Ethics
YES! You should definitely get a lawyer and prepare for a lawsuit. And good for your husband for taking a picture of the ice! You will have no trouble getting a lawyer to take your case, BUT be choosy! Run your case past at least two law firms who have a successful record handling on-the-job injury cases--and check their references! Get a good doctor, too. The company's workman's compensation insurance provider will likely try to get you to settle for a crappy doctor who'll just try to put your husband on pain killers for a while and then settle for a tiny lump sum and get back to work. Get a good doctor (again, see at least two specialists in the area and check references). An injury like that could affect him the rest of his life--believe me, I watched a friend of mine go from being a young vibrant, active woman of 23 to an unemployed, disabled and impoverished charity case by 25 because she didn't want to cause trouble after a car accident hurt her back. A back injury is very serious and should be taken very seriously. Don't let anyone tell you you're being an alarmist by making a huge deal out of it. And, don't let your husband get addicted to pain killers. Get a chiropractor involved. Okay, that's a lot of advice. I hope your husband is fortunate and has a full recovery (during which he should be compensated).
2006-08-28 08:07:52 · answer #1 · answered by Zebra4 5 · 0⤊ 1⤋
People are lawsuit crazed. If your husband is really hurt, try temp disability.
Did they willfully neglect the upkeep and safety of their equipment? Did they not care about the safety of their workers/contractors? Use your concience to guide you. Any scheming lawyer that thinks he can make a buck on you might take the case, question is: does your husband deserve some kind of settlement over something that happened in the normal course of his job. I would assume that walking in coolers would be part of his job. Is it not also part of his job to be responsible as far as his own safety goes? Is he hurt really bad, or just sore? Sometimes accidents JUST HAPPEN. It's not always a situation that requires litigation. But I hope your hub gets better, and good luck to you both.
2006-08-28 15:11:33 · answer #2 · answered by smallweed 4 · 1⤊ 0⤋
Probably not. He doesn't know that ice can form on the floor of a walk-in freezer?
He is entitled to workers' comp, from what I can see, but he would have to prove negligence on the part of Dominicks, that is, they knew the ice had formed and failed to warn people or remove it or treat it.
From what I've seen of phone pictures, you can't even tell what is ice and what is floor.
2006-08-28 15:07:46 · answer #3 · answered by thylawyer 7 · 1⤊ 1⤋
My husband had an accident at work similar to this, he slipped in a big walk in freezer and broke his back. He got workman's comp, but they were stingy and we had to fight them in the courts to get his surgery paid for. I would suggest talking to a worker's compensation attorney about your problem and see what they think.
2006-08-28 15:03:02 · answer #4 · answered by sbswecker84 1 · 0⤊ 1⤋