Last year at work while unloading a truck, a case of Oxy-clean the cleaning agent came off and I lfted it up over my shoulder not know it was damaged, it went all in my eyes and burned my left cornea. I have fine vision but the last few months have been getting severe headaches and pain behind my eyes. Do I have a case if this continues?.....I am in canada so I dont really know the law here for this type of injury
2007-02-25 12:24:35 · 7 answers · asked by Help me out 1 in Health ➔ General Health Care ➔ Injuries
I'm not a lawyer, but here is what I understand as an employer myself:
The workers compensation board would take care of any work-afflicted injuries and resulting inability to work and headaches etc. unless Wal-Mart was negligent. If they were negligent (for example: careless in some way which caused you the injury) then this is a different stroy.
For more appropriate information, visit a lawyer or legal aid within your Province because the laws vary from Province to Province. Maybe check with a lawyer first before WCB as well, because WCB is notoriously difficult to deal with on claims.
2007-02-25 12:32:21 · answer #1 · answered by special_event_show_producer 3 · 0⤊ 0⤋
No, I forgot what its called, but they will consider it your fault for not examining a possible broken case. I work at a grocery store as well and once a case fell off the pallet and hit my forearm and almost broke it. They considered it my fault because I wasnt watching the pallet to make sure nothing feel on me, as opposed to watching where I was going. Thats how they will think. It is especially bad if you have been trained on the job or through their training process on how to handle product and safety hazards, that will actually get you in trouble if you try and press charges.
The only thing you can do is get on their benifits and go to the doctor at a discount rate due to your insurance. But I would go to the doctor, and I would not work at Wal-Mart, they will rip you off on anything they give you. Also if you talk to managers or human resources or even O.S.H.A, and there is an investigation, which there is always one, you will just end up being secretly discriminated against by your managers and will eventually loose your job over a stupid, but liable reason. Trust me I know how these people work, I have been in the system for over 6 years and have always paid close attention to how that side of the business works. Then again I have figured out how to beat them, so its all good.
By the way did you fill out an accident report? If not, do not do it now. They can link that to you making it up and having got the eye trauma from an outside situation that you decided to use them to pay for.
2007-02-25 20:34:38 · answer #2 · answered by David K 3 · 0⤊ 0⤋
You have to fill out an accident report usually within 72 hours of the accident. If you did you have up to 2 years to see a Dr. i have been going through workers comp crap for 8 years with an ongoin injury so I know a little about it.You can't sue or atleast in my state you can't unless they refused to let you see a dr. From what I have heard no lawyer will go after wal mart anyways.
2007-02-26 01:08:52 · answer #3 · answered by kellie w 2 · 0⤊ 0⤋
Yes of course, they know the safety standard rules, why have you waited all this time to bring up court is what they'll ask you?
Was a report made on that day, were you sent home? Did you see a Dr. that day? Some of the questions you'll be asked and if
you can answer them correctly you may have a chance!
Where thier witnesses, & who, do you have a Dr. Report?
Good Luck,
Summer
2007-02-25 20:48:34 · answer #4 · answered by Diana D 5 · 0⤊ 0⤋
Hopefully you had an injury report filled out at work when it happened.
If not you may have to have a witness, did anyone witness this happening.
Did you go to the doctor afterwards and they have it documented at least?
Get in contact with a lawyer and go in for a free consult.
2007-02-25 20:29:05 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Yes everyone should sue everyone for any frivolous think they can dream up.
2007-02-25 20:32:47 · answer #6 · answered by jekin 5 · 0⤊ 1⤋
yes, walmart is evil, they crush small businesses.
2007-02-25 22:52:27 · answer #7 · answered by sneakypete 1 · 0⤊ 0⤋