My husband is a truck driver and he was at a place to get loaded as he was walking up the steps he slipped and fell on some ice on the steps and shattered his wrist, and tore some tendons. He has to have surgery on his wrist and tendons, and they are going to put a pin in his wrist. The doctor says he will not be able to use his wrist for probably 2-6 months and it will be a year before it is back to normal. Should we sue the company he was at for not salting their steps and causing my husband to fall? What do you think? Thanks for your answers.
2007-02-01 13:43:20 · 13 answers · asked by luv_tennessee 3 in Health ➔ General Health Care ➔ Injuries
I'm sure he will get workmans comp but that being said they probably wont pay him as much as he is making and we have bills to pay. Also how can you prove ice being there? It melts, and it wont show up in a picture. The only thing I can think of is a weather report at the time of the accident saying that there was ice.
2007-02-01 13:55:18 · update #1
workers comp is not going to give you the money that you need to keep your family going. they will give you bill money and pay for some of the dr bills but they wont to get you out of the system as soon as possible.if your not going through hard times now you soon will be you family needs this money he may never ba able to drive again after a work related injury his employer will tell him he can still have his job but hell never get it.and have a hard time getting work any where now that he has a job injury on his record HURRY UP AND GET THE WEATHER REPORT and see a lawyer soon trust me.
2007-02-02 00:31:46 · answer #1 · answered by mountainchowpurple 4 · 0⤊ 1⤋
He should be receiving work comp, which will cover the medical and lost wages.
You can sue the company but awards are based on lost wages . . . so what you receive from the WC insurance would be deducted from the settlement . . .
Then you will have attorney fees , so after the final check written, you may see a bit of $$ but nothing substantial.
Lots of business have had weather problems the last month and can barely keep up . You would have to prove negligence, that everyone else had cleared their places but this place was not . Have you already done all the homework proving negligence and have it ready to take to an attorney ?
2007-02-01 13:58:22 · answer #2 · answered by kate 7 · 0⤊ 0⤋
The company's insurance should pay for any hospital and doctor bills. Also may cover down time expenses. Have you talked to them about it?
America has become a sue crazy joke. People trying to get rich over **** that happens and really no ones fault. There insurance may cover his down time, try that first, other wise some ambulance chaser lawyer may cost you more money then he's worth.
2007-02-01 13:53:00 · answer #3 · answered by Anonymous · 2⤊ 0⤋
well i've heard of people suing for a lot less, however if you do not have any proof like pictures or something of that nature you probably won't be able to prove any neglegiance. At least he was working what did his employer say? should get workmans comp.
good luck
2007-02-01 13:51:21 · answer #4 · answered by 4eagles 2 · 2⤊ 0⤋
Depends. Are you trying to just get compensated for your medical expenses? If so, workmans comp. should cover all that stuff. If you want pay for time off, either his employer will cover it (depending on his benefits) or you would have to sue to get the other company to pay for it. But definitely talk to a lawyer.
2007-02-01 13:47:41 · answer #5 · answered by Shannon 1 · 2⤊ 0⤋
Wow! This definitely is a challenge to answer. I am not a person that says sue, easily. But it certainly does sound like a case to talk to a personal injury Lawyers about.
Good Luck on your decision and take care.
2007-02-01 13:50:51 · answer #6 · answered by ? 7 · 1⤊ 0⤋
I would say yes. The company was negligent, they have a duty to salt their stairs to ensure safety. The only problem you may have is that they may deny any ice and then you will have to prove the ice was present.
2007-02-01 13:49:45 · answer #7 · answered by Dan1515 2 · 1⤊ 0⤋
SUE EVERYONE RESPONSIBLE.
Sue the company that didn;t salt the ice
Sue the employer for unsafe workplace
Sue the maker of the sidewalk for improper installation
Sue the concrete maker for improper mix
Sue your husband for being such a klutz and putting you through this
Sue your lawyer for malpractice for not anticipating this
Sue God for his sloppy management of your husbands life.
2007-02-01 13:48:19 · answer #8 · answered by Anonymous · 1⤊ 1⤋
You know, i hate to say it, but this one of those times where you gotta say take responsibility. If he fell because he was carrying some heavy boxes up the icy steps cause he was told to and was told to do somethingunsafe, then yes. But if he fell because he was careless while using the stairs when its cold and wet out, its his own clumsiness!
2007-02-01 14:00:55 · answer #9 · answered by Anonymous · 1⤊ 1⤋
You should sue because they were definetely negligent but I hate to see your lawyer making money off of this cause I see all lawyers as nothing but a scumbags.
2007-02-01 13:53:05 · answer #10 · answered by ocean 3 · 1⤊ 0⤋