I fell on the school grounds on a patch of ice,there was no sand,gravel or salt down.There is this drain pipe that drains water onto a slooped sort of drive way.The school has made complaints for two years now and nothing has been done yet.I ruptured my achilles tendon and am in a cast for four to six months.then I will be in a big boot for who knows how long.Taking physo.for the next year or so.I can't get around so I bought a wheelchair and I have two bathrooms but one is down the basement and the other is upstairs further away.My bedroom is on the main floor.This has caused a big problem in our family,as I do all the cooking ,laundry,cleaning,shopping,etc.I am the cook at christmas time,I can't do my shopping.I can't even have a shower my tubs are too high to put my leg out so it won't get wet.What shall I do.
2007-11-24 16:11:28 · 8 answers · asked by PatriciaLIrishladypat 5 in Politics & Government ➔ Law & Ethics
BTW the school has not even said anything or called to see if I was OK.I worked at the school as a lunch room lady.I was on my way to work.
2007-11-24 16:15:26 · update #1
I did not work for payment through the school it was through parent council funds.12 dollars a day.
2007-11-24 16:24:39 · update #2
I only found out about the problem when the principal was talking to the firemen about it as they were asking why no sand was there.he said he had complained to the division maint.and nothing had been done and I was the second to fall there.
2007-11-24 16:31:15 · update #3
If it's school property that you fell on, then they have to have liability insurance. The insurance payment is taken out of your taxes, which help fund the school. You should consult a good lawyer and see what help may be available for you. That is what insurance is for. People who have a legitimate claim, which you do. Pursue it and I hope you get some assistance.
2007-11-24 17:26:50 · answer #1 · answered by Paulus 6 · 2⤊ 0⤋
As an employee, you have a Worker's Comp Claim, not a lawsuit. You are entitled to medical expenses and lost wages. It doesn't matter how the accident happened (unless you were drunk or test positive for drugs).
All of the things that you mentioned about inconveniences are irrelevant. Unless you can show negligence, pain and suffering, bathroom problems, etc, don't apply. If someone commits a crime which results in those things, he is responsible, however, oversight does not rise to the level of criminal negligence, therefore, you are only entitled to recover 'out of pocket' expenses, not punitive damages.
If you snatch an old lady's purse, and knock her down to do it, she can sue you for the medical bills related to her broken hip and punitive damages for the inconveniences related to coping with her broken hip. If you own a business where the same old lady trips over some broken concrete, breaking her hip, you are only responsible for her medical expenses because it is not a criminal offense not to repair a sidewalk. Get it?
2007-11-25 00:33:56 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Chris G is wrong. That ice exists isn't the schools fault, but that a drain pipe deposits water onto a sloping sidewalk, and that they then didn't ice or sand it, IS their fault.
You have good grounds for a lawsuit, but suing a public entity isn't simple, you'll need a lawyer.
Whoops.... EDIT.... Just saw that you worked there. That means your medical bills and a portion of your lost wages will be paid by Workers Comp without you having to prove any fault, but in return you lose the right to sue except in VERY unusual circumstances.
Richard
2007-11-25 00:19:24 · answer #3 · answered by rickinnocal 7 · 0⤊ 0⤋
I believe you are entitled to Worker's Compensation benefits since you were on your way to work and on the school grounds. If not, you are entitled to state disability but not payment of your medical bills. Your insurance coverage would pay those if you have medical insurance of some kind. Call a Worker's Compensation attorney to find out if you have a viable case. You can sue for negligence but it sounds as though that accident might have been prevented since you knew about the problem in the drainpipe area. Call an attorney who specializes in negligence suits. I believe you do have a suit of some kind so go for it!
2007-11-25 00:25:51 · answer #4 · answered by Chris B 7 · 0⤊ 0⤋
It isn't really the schools responsibility that there is ice there, because they didn't invent it or put it there intentionally. If there is anyone you should sue, its either Al Gore for his global warming not coming around fast enough or God for inventing ice.
That is a joke, because the grounds to sue would be stupid. You are the blame for slipping on that patch of ice, and it is and should be personal responsibility because of it. If I drop ice cream on my lap and I get frost bite on my penis, do I sue the ice cream parlor? NO.
Just in the future, be more careful where you are going. I hope you heal fast and soon, and it does not cause you to be unable to cook for Christmas.
2007-11-25 00:17:09 · answer #5 · answered by Crizzle Gizzle 4 · 0⤊ 1⤋
make sure the dr knows where you sustained injury - try to get pics of damaged grounds before you can't, file an incodent report, and contact a lawyer - do not sign on right away with lawyer but they can take pro bono, based on settlement or charge hourly - keep all reciepts and start a journal
2007-11-25 00:31:40 · answer #6 · answered by Princess 3 · 0⤊ 0⤋
Workman's comp does not cover you going to or from work.
2007-11-25 00:23:39 · answer #7 · answered by Barry auh2o 7 · 0⤊ 0⤋
You really should look into it
2007-11-25 06:48:50 · answer #8 · answered by Anonymous · 1⤊ 0⤋