it fell with her on it, shattered everywhere, and she is sore from the fall, but not cut(luckily)... does she have a case???...
im not sure where to catagorize this one...
2007-09-20 09:43:26 · 30 answers · asked by kim t 4 in Health ➔ General Health Care ➔ Injuries
Yes if the toilet collapsed i reckon she can make a case out of it. You should look into it. Im glad that she is okay and has not hurt herself. But this could have been very serious
2007-09-20 09:46:49 · answer #1 · answered by Anonymous · 1⤊ 0⤋
I work at a law office, and even though I'm not authorized to give legal advice, I'll tell you what the attorneys here would probably say.
There's not much of a case, if any at all. This would be a feeble attempt to try and squeeze money out of the situation, and everyone would know it. She's not even cut, and can't be hurt that badly. A good personal injury case has to have evidence of substantial injury, and medical bills to prove it.
Why doesn't she just laugh at the fact that a toilet shattered, and wait a week for her "pain" to go away? She must hate her job and/or boss.
I don't mean to be rude or mean, it's an unfortunate circumstance. I'm just trying to be honest about what an attorney would probably say. It'd be a really hard case to take on, and kudos to the attorney who attempts it if that's the route she tries to take.
2007-09-20 09:48:40 · answer #2 · answered by jess_ls04 2 · 2⤊ 0⤋
She only has a case if she's actually hurt.. She should report the incident to her supervisor in case and see where it goes from there. An on the job injury is an on the job injury, and if their toilet isn't bolted down properly, they're liable if she is injured.. She's not going to get any settlement though for a bruise. She would get her medical expenses paid for under worker's comp.. STILL if I were her, I'd not say anything to anyone.. Even if they paid, you'd be the laughing stock of the whole place for years.
2007-09-20 09:48:46 · answer #3 · answered by Bob Thompson 7 · 0⤊ 0⤋
Everyone needs' Disability Insurance for when they hurt themselves other places besides job! It protects' your income by paying and keep bills up.
She needs to report this and have it in writing with a "C" form- (C-2, C-4 I don't know which), and go to Workman's Comp Dr.-
she should not be sore, as we have padding back there- so she fell a little wrong: to evaluate if her back has been sprained or a crack on hip bone-
do this in a timely manner, after a scrape, poke or bump at work, that day, at least with a first oral incident report,filed with office wherein you complained initially and a formal report for workman's comp claim is recorded before seven days are up, if it continue's or pops' up being a problem.
It could be a problem later- up to one year to report additional problems after an initial form for workman's comp purposes is filed and the first Dr. check.
If you get an infected finger from a stick earlier, it could require amputation- so it is very important to report all incidents. It takes' up to two weeks sometimes after a head injury, to get a hematoma that causes' dangerous further swelling on brain, and the pressure could cause blindness or coma, for example. We are not doctors, so we need to get checked out, especially if it will be a free check-up with Workman's Comp.
My employer did not report unstable steps, saying the steps were fine in safety report, which I knew was required, and I didn't complain when they were not right , then fell on them. (I finally found a copy, and may sue for falsifying causing injury -negligence in your case and $5,000.00 compensation or more for lost wages). Talk to a lawyer- they will advise. Workman's comp injured workers' attorney is also free. I have been fighting it since 2001. Also, the hospital Doctor did not report or x-ray both legs, and I had a broken ankle, which came out 6 months later of suffering, affecting the healing of my sprained ankles as well as the injured knees. I now won and have had two knee operations and physical therapy- the different gate in walking from my injuries has made tendonitis in ankle, bunion on opposite foot, hip soreness and leg swelling from medications lately- it takes' a while, so check it out so that it won't be as hard to heal. Both sides bad-
So have everything in writing!
Also, the employer didn't put me on light duty- I'm a caregiver- and I pinched my neck from trying to lift differently and not twist my legs, and ended up in hospital with what they thought was a heart attack, to the tune of $10,000 so yes I have a case- they laid me off because they thought I had H.A. and refused to discuss when I could go back- so communication was bad through a secretary that fed this and different things by talking and the paperwork involved with work and insurance parties!
Document Always.
2007-09-20 10:45:48 · answer #4 · answered by Charles E 3 · 0⤊ 0⤋
At work? Sure. She deserves to win several cases, and among them, of course, a great big case of toilet paper. Good thing she didn't fall into an outdoor Porta Potty. They might not have found her for a week. If your friend is seriously overweight, this may be a sign from God to get her stomach stapled. And if it goes to court, it may make the National Enquirer. We'll have to watch for that!
2007-09-20 09:47:39 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Is she suffering from a life threatening injury?If not,chalk it up to an accident and move on.If she sues her company,insurance across the board will go up.People who take companies to court for frivolous lawsuits do nothing but harm.Besides,if she does win a couple of dollars for this(she won't be a millionaire)who would ever hire her again.If the company can't afford to fix the toilet,how much does she think she can get?
2007-09-20 09:53:06 · answer #6 · answered by oneidmnstr 2 · 1⤊ 0⤋
No. If she's sore and not cut, there's nothing to argue against. If she had severe trauma and needed to see a hospital, yeah she'd have a case. That's really petty, to try and sue for just falling on your butt and being a little sore.
2007-09-20 09:45:59 · answer #7 · answered by gilgamesh 6 · 3⤊ 0⤋
C'mon. She was not hurt. Embarrassed maybe, but a case? That will be worse for her. Everyone in America is getting sick of this crap (no pun intended). She should be compensated for her soiled clothing and lost time at work. But that's it. I think the better reward is a funny story.
2007-09-20 10:34:45 · answer #8 · answered by ninety9point8 4 · 0⤊ 0⤋
No cut no case. If she had a scar for a women most lawyers would take the case, but they would not if it were a man. It's a vanity thing.
2007-09-20 09:49:18 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Wow..she does have a case. If a woman won millions from getting her lip burned from hot coffee, then your friend should be a billionaire. But seriously, she should talk to an injury attorney.
2007-09-20 09:47:48 · answer #10 · answered by Nikki 6 · 1⤊ 0⤋