On Wednesday I was shocked by a heat lamp at my work, Arby’s in copperas cove where I work as shift supervisor on my days off from working for TDCJ, that had the ground prong on the plug in removed. The current went thru me arm across my back and out the other hand. I count let go for a second and when I did I fell back on to a upright freezer. Another employee witnessed this and signed the injury report that I made at work. My back has been hurting and I went to the doctor but they were unable to see me at the time the doctor had to leave and rescheduled for next Thursday my employer approved the visit thru our work mans comp insurance at work. The manager of the store told the insurance that I have MS and don’t want to work and that im just trying to get money. She also went in bought some electrical tape and a camera to take pictures to show that there was nothing wrong with it that it was coved but I had already taken pictures before her. Today they replaced the plug with a new one and cut the other off which is missing the ground prong and threw it away so I took it. Another manager heard her on the phone talking to the insurance company and also has the receipt where the manager had bought the tape and camera. Also giving out my medical situation and telling them that I just trying to get money has made me mad and now am thinking about suing. Do I have a case and is it even worth the effort and time. How much would it cost to pursue. Thank you for your time.
2007-03-23 15:01:48 · 22 answers · asked by hondatransformed 2 in Politics & Government ➔ Law & Ethics
Yes, go to an attorney for a consult. They usually do not charge you up front but takes a percentage of what you get.
2007-03-31 12:02:10 · answer #1 · answered by Carlene W 5 · 0⤊ 0⤋
If you are injured in the workplace, you are pretty much prohibited from suing as a personal injury. Your only recourse is through worker's compensation insurance. This is the trade-off. Employers cannot be sued, but they are required to cover you under workers compensation insurance. You have the absolute right to a second opinion as to your injuries. Fixing problems after the fact does not affect your right to recover for your injuries. You need to consult a workers compensation attorney right away. The legal fees will be a percentage of what you recover.
2007-03-31 08:53:35 · answer #2 · answered by rose_50613 2 · 0⤊ 0⤋
Ah the american dream.... sue......
But be forewarned, if you sue you will like;y never to have a job again, most business today will ask on an employment application if you have ever brought suit against an employer, and if you did, you probably will be labeled as a bad risk, thus you won't get another decent job...
My answer to the question, go ahead and sue, just make sure you document everything, doctors bills etc. sue for enough money that arby's will have to give you a franchise for free. then you won't have to work for the rest of your life, and you can live the American dream
2007-03-31 03:03:54 · answer #3 · answered by greenhollow2 3 · 0⤊ 0⤋
Not sue, call or write the candy manufacturer to let them know you purchased expired candy from a store. I have had this happen and simply called the company who made the candy. They were more than happy to replace it with a another bag of candy. If you do sue a company they will just pass the cost onto the consumer; you and I.
2016-03-29 01:37:58 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Well a personal injury lawyer won't charge up front they take part of the settlement. As far as suing you will only be suing the company not the lady who said and did these things. I guess talk to a lawyer I probably would but I would only want pay for missed work and compensation for medical and lawyer bills.
2007-03-23 15:07:59 · answer #5 · answered by Chrissy #1 4 · 1⤊ 0⤋
Filter the facts... the plug was tampered with, making it unsafe to begin with... you HAVE photos showing the real condition.. they are taking pictures of the fixed plug, and attempting to cover up that it was unsafe... you WERE injured as a result of the unsafe plug...
HELLO?? they are attempting fraud?
You can write your own statement, including all your facts and proof (overhearing their statement may not fall into this), send copy to state safety board and Arby's corporate, and have a lawyer lined up. You don't have to file a lawsuit at this time, but I'd be making sure that your statement is a matter of record.
And having a husband with ms.. you working not one but 2 jobs is damn sure evidence that you are doing your best to stay active, not the opposite.
2007-03-24 06:03:16 · answer #6 · answered by wendy c 7 · 0⤊ 0⤋
Unless the injury was a major injury (crippling), I wouldn't sue. If you have the photo, it's photographic evidence. Hopefully it had a date printed in with the camera shot. To add to that, you have a direct witness behind you. If that witness is new to you, it will add to the honesty factor.
Nevertheless, you shouldn't really be going on to Yahoo Answers for this sort of question. Try again yourself, then try for advice. But don't come here first.
2007-03-23 15:12:44 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Yes, sue them, but not out of anger. Do it because you have evidence and because you were done dirty. Let the emotional part go. Be a fact-giver in court, if it gets that far, not a whiner. A victim, yes, but not a crying one. Look in the yellow pages for a personal injury attorney who dosen't take money unless you win. Sue for 50 million but expect to only get 2 million settled out of court. Their attorney will think he saved 48 million but you never actually expect that much. Minus taxes and attorney fees, you still get 3/4 of a million in the bank.
I say go for it.
2007-03-23 15:16:48 · answer #8 · answered by mystyw 2 · 1⤊ 0⤋
WITH WORKERS COMP U ARE NOT SUING ANY BODY you are making a claim.it is her job to have a safe environment.thus the repair of the plug .which pretty mush supports your claim.so.dont worry about 'lost evidence'.if you are truly hurt then go see a comp lawyer.he will work for a percentage.of the settlement.be prepared to face a lot a crap from your supervisor.just log it .and stick with it.
2007-03-23 15:19:08 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I think you should pursue the fact that they need to cover your medical expenses.
I have never understood the idea of getting rich off of a simple mishap.
Why did you touch the heat lamp? No offense but, I would never come in contact with a heat lamp.
Of course, I would never spill coffee on my lap either :-)
Hello McDonalds!!!!
While I understand the conditions were unsafe, I think, as a society, we should stop suing people if they are willing to take care of their obligations.
2007-03-23 15:09:19 · answer #10 · answered by rvogelpohl2001 4 · 1⤊ 1⤋