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Working on a vav box up about 10' up in the ceiling when I leaned on a light fixture (2x2 in t-bar) the thing just fell apart I fell backwards on my elbows and back, fractured my right arm.

I just got out of the hospital, my boss chewed me a new one before I was even out of the hospital.

Now he's asking me if he can pay cash for my dr. bills instead of using workers comp.

what should I do?

can I sue some one for not installing the light fixture correctly? the t- bar wasn't connected properly , No ceiling wires and the whole thing wasn't screwed together the way it should be.
Has he been paying the WC?
The hospital will usually do a drug test if it is an on the job injury.
He will come out ahead if he just pays WC, hospital bills could be way more, I've seen broken arms cost over $20,000
The OSHA fines could be large though.
 

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He will come out ahead if he just pays WC, hospital bills could be way more, I've seen broken arms cost over $20,000
In 91 my ankle was $10,000.00 for the surgery, plates, pins and screws alone.

Then when you add on hospital stay, meds, thearpy, wages, etc.

20 grand is nothing today for a work injury involving a broken or fractured bone.
 

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I fell off a ladder coming down from a garage roof. Someone moved and reset the ladder wrong and it "sprung" once I got got my weight on it, causing a loss of balance. I reacted too quickly and landed on my feet with hips and knees locked. - The result was crushed tibia the knee and bleeding and swelling delayed surgery since there was not much to work on. 1 1/2 months later, I got released for transfer to the Sister Kenny Institute for about 2 weeks of therapy. Followed by 4 weeks of being picked up for therapy at the local Sister Kenny site 3 times a week.

I never had any pain when they installed the 16" tungsten brace with 14 screws in it from above the ankle to the knee. The bone surgeon said it could have been worse if I had crushed my heel and had terrible pain. He described my knee as looking like a bag of mashed potatoes.

I never saw a bill. Self employed and no WC, but great personal insurance. From what I understand the bill was about $170,000.

The bottom line is that ladders seen very harmless, but can cause severe problems if not set properly and the people using them are educated to be aware of the potential problems and the following handicaps that cannot be predicted.
 

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Discussion Starter #25
No surgery for me, just simple cast and pain meds.

a co worker came over today and said the boss was on one today... had a group meeting that turned into every one getting their ass chewed out. I was told that I would be paid 100% my wage for up to 6 weeks & all my medical bills for that time if I sign a "release of obligation" or "Liability" something like that ...

If I'm 100% (no pain full range of motion etc.) ill be happy to sign and accept the offer, I just don't want to get screwed. I've Heard too many horror stories about old wounds acting up.
 

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Discussion Starter #26
BTW.

I changed my company's name to post here ... I don't want anyone thinking my company is not up to snuff.

I hope you guys don't mind.
 

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I wouldn't sign a release.

3 years down the road something can come up. And your are 100% screwed!

And he is limiting you to 6 weeks to recover.

This is why you want comp. No dictation from your boss on when your healthy.
 

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I feel off a latter on 7-11-09 and i fractured my arm and coller bone. Was off for 9 weeks and when i went back I was still in pain and could not move my are the same way.To date it still hurts.
I turned it over to WC boss did not wont me to I felt it was the right thing todo. one thing to think of is WC will make a pay out for your injury.I know that if you can go back you would of not got hurt.
its not how or if you where not using the ladder right it is still WC.
My fall off latter was on tape from secrity camra and evertime i see it my arm starts to hurt. good luck hope your back to work soon.
 

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I know where your boss is coming from and it sounds like you should have been more careful but the best way to protect yourself is to file with WC. You're right that it might alienate your boss from you but it'll be easier to find a new boss than to have to deal with the potential problems that might arise out of a fracture and a 10' fall.
 

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the ceiling grid is not installed for you to lean on .
you could have killed yourself or even hurt someone else for that matter.
Id be pissed to.
hell Id lay you off after a while.
 

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Discussion Starter #34
the grid should have been installed correctly, meaning the tabs fit in properly and not be cut, the fixture should have been screwed in and at least two ceiling wires should have been installed to the light box.

I leaned on something that people servicing the plenum lean on all the time, for you to make it sound like you've never leaned on the grid then either; A) your lying or B) you're an anorexic midget. You lay me off for that and you'd get laid out either by my left hook or by a law suit.

I hate bosses that dont know how to take the good with the bad, you guys make money off our hard work as we do off you, but when something bad happens you start with the threats and insults... tomorrow i'm telling my boss that i'm going on WC, and if I get threatened or laid off we can go in front of a judge, just the fact that i've been put on the spot pisses me off, my whole company is talking about me and waiting to see what i'll do.
 

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You can be coverd on WC as long as you see the doctor about you injury at least once a year. You miss one year and they can write you off.

That's what my doctor told me in 1983. I'm still covered for that same injury today.

Union job, Miami,Those were the days:party:
 

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With my W/C policy I have the option of paying for any accident claims out of my pocket at the end of the year. Then if I choose to they won't effect my rates. Luckly I havent had to test this option out! I wonder if your employer has this option and doesn't know it? This seems like it would be the best option for both of you. You claim W/c and are covered and he can decide if its worth paying for out of pocket at the end of the year.
 

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And the light should have been screwed into the grid also. I always screw a troffer into the grid. and I would say 9/10 times they are screwed into the places I have worked. 1/10 a maintanence guy replaced it.
 

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hell Id lay you off after a while.
You'd do what? Are you serious? Were you the kid who threatened to kill himself if daddy didn't by him a new toy? Here you want kill your business, (and it would be dead by the time the lawyers were through with you). for the sake of revenge? Revenge for what exactly? An accident? Holy cow.
 

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Listen, i am a boss, and have had to deal with a few of these over the years. The truth of the matter is it pisses us of to no end when you get hurt in the field. When our comp policy gets hit, it can have Long Lasting affects on our rates that you can't begin to fathom. Box not installed correctly or not, it should not have happened, there is a certain about of carelessness that you must take responsibility for. All that aside, i realize this is the cost of doing business, our employees make $ for us on a daily basis and sometimes as much as it sucks, we have to step up and pay the piper. welcome to CT, get well, get back to work asap, forget the suing stuff, your boss must cover this, out of his pocket, or with his comp......

I think I worked for a few like you!

It was not his fault. All hanging fixtures should be tied off.
Report this to WC then deal with what happens with your old boss.

The last Co I worked for did that to another worker and said We will take care of you and all Med bills- Just don't report this to WC - after seeing his doctor he needed a MRI ( cost $5000.00) the bastard would not pay it.
he was able to get WC involved but lost out big time for not reporting it in time. The Forman should have made an accident report (Osha rules)

You only have one life and it is yours - Not his - do what is right for your future. My 2 cents
 
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