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 Posted: Wed Sep 03, 2008 12:57 pm Post subject: |
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Yeah, you may not have med pay on auto's, but I'd be reallllllllllllly surprised if a dwelling of any kind didn't have it...you might contact the dept of ins in texas, I'm betting all dwelling policy's have medpay I've NEVER seen one that didn't...there does not have to be ANY negligence on the insured's part or any liability assessed to the insured for a claimant to collect med pay. Worth a look.
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Lori
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| Posted: Fri Oct 30, 2009 5:32 pm Post subject: slip and fell |
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I slipped and fell at a local supermarket and the insurance said the store was not negligent on their part but paid $500 medical for my sprain knee. I was out of work and school for three days i think they should also pay pain and suffering along with work leave. I mean thats what the store pays insurance for accidents.
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payasagarcia
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| Posted: Sat Oct 31, 2009 12:36 pm Post subject: |
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| Quote: | | i think they should also pay pain and suffering along with work leave. I mean thats what the store pays insurance for accidents. |
No they don't...they pay insurance premiums to cover them for medpay when they are not negligent in any way, shape or form, they still paid med bills up to their limit for you. The liability premiums (coverage) are for 'pain and suffering' and you would've got that as well had they been negligent. If you fell thru no fault or negligency on their part why on earth would you think yourself entitled to this? How about I come to your house walk up to your front door, and trip over my own clumsy feet busting open my head, and causing me great pain and agony....then you and your carrier can pay me pain and suffering too....is that fair? what did you do to cause me to fall? nothing? so what I still want my 'pain and suffering'...little different on the other foot isn't it.
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Sat Oct 31, 2009 12:36 pm Post subject: |
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| Quote: | | i think they should also pay pain and suffering along with work leave. I mean thats what the store pays insurance for accidents. |
No they don't !!!...they pay insurance premiums to cover and protect them...their medpay coverage comes into play, when they are not negligent in any way, shape or form, they still paid med bills up to their limit for you. The liability premiums (coverage) are for 'pain and suffering' and you would've got that as well had they been negligent. If you fell thru no fault or negligency on their part why on earth would you think yourself entitled to this? How about I come to your house walk up to your front door, and trip over my own two clumsy feet busting open my head, and causing me great pain and agony, I'll stay off work for about three months...everybody knows adjusters make about 100 bucks an hour......then you and your carrier can pay me pain and suffering of about 50k then I'll need my loss of wage too....is that fair? what did you do to cause me to fall? nothing? SO WHAT? I still want my 'pain and suffering' anyway!!! ...little different on the other foot isn't it.
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Mon Dec 28, 2009 8:21 pm Post subject: I fell over a curb in front of a department store |
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I filled out a report that the store manager insisted and I also went to the hospital, nothing broken just bruised all over. Is the department store liable for the medical bills. I do have health insurance but I wasn't sure how to go about this. The manager said someone would call the next day but I am still waiting and it was on 12/22/09.
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who dey
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| Posted: Mon Dec 28, 2009 11:44 pm Post subject: |
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Well they may..was this curb on their property, or just a curb from the street? Also 'why' did you fall? Was the curb damaged?
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Sat Apr 10, 2010 5:42 pm Post subject: slip and fall |
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I fell leaving the Dr's office and fell and broke ankle in (3) spots. The hospital has taken responsbilty for payment of surgery. Would I be able to ask for lost wages due to employer only pays 60% of pay. I am not able to place any weight on foot I have just had a second surgery and looks like should be back to work 4-6 weeks.
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anonymous 4/10
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| Posted: Sat Apr 10, 2010 6:05 pm Post subject: |
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| Sure you can ask. You can ask for anything. Is the hospital liable? Don't really know from your description. |
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tcope
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| Posted: Thu Sep 30, 2010 7:58 pm Post subject: |
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I HAD A SLIP AND FALL IN DOLLAR TREE THE MANAGER WANT ALLOW ME TO HAVE A COPY OF THE REPORT AND IM WONDERING WHAT SHOULD I DO AS A RESULT OF THE CLAIM THE ADJUSTER HASN'T CALLED ME AND THIS HAPPENED FOUR DAYS AGO.
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PIG
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| Posted: Thu Sep 30, 2010 8:17 pm Post subject: |
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| Quote: | | IM WONDERING WHAT SHOULD I DO AS A RESULT OF THE CLAIM THE ADJUSTER HASN'T CALLED ME AND THIS HAPPENED FOUR DAYS AGO. |
Where do I start...
First... STOP YELLING!!!!!
Second.... read my sig
Lastly, the are under no obligation to release any report unless a court orders them to do so. It's also typical that nothing is released... especially by the store.
As to what to do next... why not call the store, let them know that no one has called and follow up? While most insurance companies will call before 4 days, it's not unusual that it take this long. Dollar Tree store sends the report into their corporate office. Their corporate office refers it to their agent and their agent then turns it into the insurance company. The report gets assigned to an adjuster and the adjuster calls within 24 hours.
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tcope
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| Posted: Mon Oct 11, 2010 12:11 am Post subject: Slip and Fall |
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You guys crack me up. Grocery store are getting harder to deal with. I fell in Mary 2008 and we still are fighting it out. We have been to court order settlement mediation not once but twice and still not settled. My attorney has been in front of the judge because the store destroyed a piece of evidence. The judge asked the store WHY they have not settled. Judge will be ruling a little later on the Spoliation of evidence. The store and the refrigeration company are fighting over who is at fault and now the store is sueing the refrigeration company for breach of contract and the refrigeration co is counter sueing because the store also breached their contract. What the #$%!? That has nothing to do with my injuries. Judge has us set for trial the end of January.
My question is...... If the store OR the refrigeration co wants to settle can we split and settle with one and go to trial with the other?
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Patty Cake
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| Posted: Mon Oct 11, 2010 1:24 am Post subject: |
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| Quote: | | Grocery store are getting harder to deal with |
As I recall there was some issue with your attorney not naming everyone from the beginning.
| Quote: | | If the store OR the refrigeration co wants to settle can we split and settle with one and go to trial with the other? |
You can... but I doubt that is going to happen. I don't (can't) know all of the facts but the refrige company is not getting out if the store has a contract with them. It seems to be that the store is also bringing in the refridge company as a co-defendent. That is, the contract that the store has with the refridge company is going to contain a Hold Harmless and Indeminification clause. It basically states that the refidge company will protect the store against the refidge companies actions. So settling with you would not allow the refidge company to walk away... the store would still require the refidge company to protect the store for the refridge companies actions. So there is no point in the refidge company settling unless the store settles as well.
This is one reason why settlement is so difficult. Each party wants to act like they are golden and that it's all the other parties fault. The store also wants to say... "Hey, if we have liability it's because of the refidge company and we have a contract with them saying they will settle this for us". Then there is your side. As time goes on each party will probably come closer to agreement. |
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tcope
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MaxHerr
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| Posted: Thu Mar 03, 2011 6:48 am Post subject: Hurt badly at work. |
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A little over a year ago, I was at work and fell very hard onto a concrete floor. The reason for my fall in my opinion was neglagence. In the warehouse I worked in, I and many others just like me were required to load stacks of empty trays onto a 54foot flat bed trailer at the end of every work day. Well as im sure you know, in a warehouse enviorment their is always a very small opening between a 18 wheeler trailer bed and the actual serface of any warehouse floor. Were talking maybe 2 to 3 inches. The trailer is to be docked flushed and level with the serface of the ware house floor so that people can oporate safely when moving back and forth between the warehouse and the trailer bed. A small maybe 3/3 foot aluminum dock plate is put in place to even out the small gap that would other wise cause handtrucks wheels to constantly get hung up while in transition from one serface to another. Well on this paticular day,the trailer had been docked about 3 feet shy of being level with the warehouse floor. I guess if you were looking at a clock you could say the angle was 11:20 on clock hands. When its normally at a 9:15 angle. Now combine that with a dock plate that is maid to sit level but is now just sitting on 2 very thin edges anchored to nothing. And it gets better, add in huge puddles of water all over the warehouse floor from the leaky roof. Now granted, I saw all of the puddles of water. Everyone that worked their knew not to step in the puddles. The warehouse is very dusty and when that dust mixes with water, it makes for a very slipery surface. When making my first trip to the trailer that day,I had to hop over a large puddle before I could get on to the trailer. I was pushing a fairly heavy and tall load of trays on my handtrucks. I always center up my handtrucks with the trailer before I walk on to it. But not this time because I was in the middle of hopping over a large puddle of water. So when the wheels of the handtrucks hit the dockplate they just dropped. I tried to brace my feet to stop the load from falling but the weight of the load and me was to much for the dockplate to hold. The dockplate gave from under my feet slaming my back into not just the warehouse floor but the edge of the warehouse floor where the trailer had been so unevenly docked. The load on the handtrucks fell back ontop of me and busted my lip. After one of my coworkers jumped down and pulled all that stuff off of me, I knew somthing was wrong as soon as i tried to get on my feet. Long story short, now my mid and lower back is all messed up. Ive got 2 ruptured disc, some type of tear in another disc, and some nerve damage. And get this. The company is saying its not their fault. They would not document the fall. I asked for a insodeint report everyday for months. They told me that I could not prove that it happend on there property even though they were there when it happend. So I then sent a letter of insodeint to their corprate office. Telling what had happend and how my boss refused to document my injury. When he got wind of the letter he fired me. Well after I was fired I found out that the warehouse was not up to state safty regulations and there had been some other injuries of simular nature prior to mine. And the letter I sent in to corprate was adressed to my bosses supior. Well guess who never got the letter. Thats right! My boss intercepted the letter before his boss could get it. Came back and fired me thinking if I was gone his boss would never know anything about my injury. Well I called his boss not to long ago, and I asked him why he chose not to respond to my letter. He told me he had no knowledge of any letter. I asked if he was sure,maybe he just forgot about me.He said that he prides himself in his abilty to respond quickly. So if he had gotten a letter from me he would remember. Anyway is there anyway that I can make this whole situation work out for me and my familes good? Im still hurt, my boss has tried to screw me royally! But im not giving up that easy! Whats makes this all so bad is this, they knew the dockplate was unsafe and still didnt say anything. If they had told me about it at least I would of been aware of the stuation. Maybe even just decided not to go on the DAMN trailer at all you no? People are just so stupid sometimes. What do you think I should do? Im not really about suing anyone. But if I have to I will. I just want them to do whats right. I gave that company the last 9 years of my life. I just feel like this is so wrong.
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Manny
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| Posted: Thu Mar 03, 2011 7:13 am Post subject: |
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First, read my sig,
It sounds like your employer is required to carry Workers Comp. If this is correct they are required to report the accident and injury immediately. You may want to go ahead and file a complaint with your state dept of insurance. If you know someone that works there this person might be willing to write down the workers comp info that is required to be posted for all employees to see (usually in a break area).
Chances are good that WC will provide the company immunity against a liability claim ("sole remedy")... it depends on the state. WC should be addressing your medical bills.
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tcope
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