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dislocated shoulder due to unsafe condition - Printable Version

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dislocated shoulder due to unsafe condition - yellowcard5142 - 12-20-2007

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

RE: dislocated shoulder due to unsafe condition - AQA - 12-20-2007

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.

RE: dislocated shoulder due to unsafe condition - jayne - 12-21-2007

no 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 will be lucky to even keep your job,your home,car and or credit on and learn......welcome to our world......we will help all we can

RE: dislocated shoulder due to unsafe condition - 1171 - 12-21-2007

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.