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dislocated shoulder due to unsafe condition
12-20-2007, 09:07 PM
Post: #1
yellowcard5142 Offline
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dislocated shoulder due to unsafe condition
i stepped one foot off of a platform a fedex ground a couple nights ago and fell...dislocating my right shoulder...the boss knew all along it was unsafe and so did the cops think so that night. they finally put some banisters on it the next day. can i sue them? i heard if u accept workmans comp then u forfeit ur chance to sue
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12-20-2007, 10:01 PM
Post: #2
AQA Offline
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RE: dislocated shoulder due to unsafe condition
Workers compensation is a no fault system. Employers have the coverage to protect them from civil suits.

As far as trying to sue them for unsafe working conditions, the question comes to mind. Did you know it was unsafe??? If so, what part of the liabilty do you share with the employer???

Those are just my oppinions and thoughts.
8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. Jesus died for our sins. Soilders died for our freedom.
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12-21-2007, 11:18 AM
Post: #3
jayne Offline
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RE: dislocated shoulder due to unsafe condition
no you cant...you can call OSHA and they will go out if they deem it unsafe they will fine your employer but they keep the fine.....the injured person doesnt get one dime from it....welcome to our world...if you are smart you will learn real quick its their game ,their ballpark,their ball and their rules.learn em and punt often..... get a lawyer to help you if you cant deal with it on your own....some on here sail right thru never having a problem getting their doc,meds,pt or wc checks.....some of us have to fight for every inch we travel...
RIGHT NOW get the multi million dollar signs outa your head......you will be lucky to even keep your job,your home,car and or credit rating....read on and learn......welcome to our world......we will help all we can
;)Workmans comp is not a road you want to travel alone.You need a good lawyer,a great family and good friends to lean on.If you make it thru without losing everything you have worked for all your life,you have come out ahead of the game.....Smile
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12-21-2007, 11:39 AM (This post was last modified: 12-21-2007 04:44 PM by WCisBS.)
Post: #4
1171 Offline
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RE: dislocated shoulder due to unsafe condition
you can file a civil suit against a third party (building owner, contractor, vendor, etc.) but not your employer.
some states have provisions for extra comp benefits for serious breaches of state safety regs.
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