i dont know what to do!!!!!

[alanskneesaga]

On may 11 2007, while working on a drilling rig in Utah, a 15 pound steel pin fell 60 feet and struck the top of my knee, just above the kneecap. Surgery that day was to repair the quad tendon and remove bone fragments. That surgery was botched and they left a quarter size bone chip in my knee. Surgery on july 5 2007 removed the bone chip and did 2 other proceedures. The rig i worked on put off a manditory inspection (till the last possible minute, and after the injury) and refused new parts/equipment that would have prevented my injury. The bosses knew about the pin and it had happpened enough in the past that the retaining washer couldnt be welded in place after it fell due to the metal being so bad from multiple welds in the same place. I found out that same pin has come out about 15-20 times in the last two years, and its happeded on other rigs. The rig managers and opperators knew about the problem, but noNE of the men working underneath it knew it could come out. Every attorney ive talked to says that you cant sue the company if they carry work comp ins. They also say that a disability rating means a FIXED sum from workers comp and so having an attorney means i would get less money, not more. Anyone have tips, hints, help, advise?????!!!??? im kinda lost and i will have to have a full knee replacement in less than 5 years. dec. 17 i have another m.r.i. and the doctor want to do an mmi(maximum medical improvement) wich means a dissability rating. workers comp is saying that thier worse cases have settled well below $200,000. ive done labor work my whole life, and i can never go back to that line of work, and at this point i can hardly use stairs.

[rholmes]

Hi Alan,

So sorry about your injury. What state are you in? In CA. and I think most states you would need to go to civil court and if you win whatever w/c paid you would be deducted from you civil settlement. I think when you settle with w/c they go by earning potiential , age and amount of disability. so every case is different.

[stiffnecked]

I hate to be the bearer of bad news but in Utah(the land of funny underwear) your pretty screwed over. The advice you've gotten from the attorneys is almost spot on. I'd still try calling an attorney that specializes in workers compensation. They are hard to find but they are there.

As for your 3rd party negligence lawsuit do you have independent documented evidence of the problems with the pin? What did OSHA say when you called them to report the problems? What did the OSHA investigators say about the problems?

[jayne]

when my honey got hurt in Arkansas we called osha they came out .....yes company was wrong.... osha fined the company ...osha got the fine not us......if your company is covered by WC you cant do a cival suit....welcome to the world of being screwed....suggest you talk to Pooh her Honey Driller also worked on a rig when he got injured maybe he can give a bit more advice...does utah have ombudsman they sure are a help...come on over to off topics and join us......I am sure pooh will be along shortly

[1171]

Safety violations should be reported to OSHA and your union.

[collateraldamage5591]

alanskneesaga,
Sorry to hear about your accident. I too have been in some sort of hands on type work all my life and having a lot of confusion on where to turn now. When I first posted here there was a reply from (I think it was Still In Limbo) stating that since I was injured in the workplace I was no longer an asset to the company and had now become a liability. At this point you are the only one in your corner and it only works to the I/C's advantage if you do not seek counsel. They will tell you anything to settle at the least cost to them. They have played that game many tmes before your injury so lawyer up now.
Like Jayne said the injured worker gets none of the fines collected by OSHA for unsafe work environment it goes to the government. Unfortunately you will have to fight for everything you get. Hang in there and stick around this site, there is a lot good info here.

[Pooh]

First off Alan, not sure what drilling company that you were working for that wouldn't take care of their rigs considering the cost of those things. However, saying that, I will also state that there are several different size drilling rigs around.

I think for a negligence lawsuit you would have to prove just that. First off that the pin was reported damaged or loose on many occasions and the tool pusher and his drilling super (since normally his super may have to approve the repair) didn't take the necessary steps to maintain the proper safety out at the rig.

Each company also has their own number of times that they will weld any one piece before they replace it - I know the company driller works for replaces things they feel can not be safely welded on a regularly basis. They also order parts that are needed for the rig when needed and keep spares on hand of things that break down regularly.

Now I am not sure how long you have been in the field - but your life in the patch may not be over with - there is always consulting jobs available where yes you may need to climb stairs occasionally, but yet a lot of the work in out of the nice trailer over by the tiny pushers hut.

As for safety violations as so forth, I know here in Oklahoma, it still falls under workers comp. Sounds like what your asking about is a neglect lawsuit and maybe that is what your not conveying to the attorneys you are talking to. With that you may be able to get pain and suffering, if you can get an attorney to take the case and they will take it only if they think you have one.