by Guest » Mon Jun 30, 2008 12:35 pm
I wasn't sure where it post this so I am putting it here. Yesterday I slip and fell on a puddle of water at a nationwide large chain store. I told the manager and filled out the report. I wanted to know what my options are because last night I was doing ok but this morning I feel like a truck ran over me. Can someone help me?
Posted: Mon Oct 11, 2010 01:24 am Post Subject:
Grocery store are getting harder to deal with
As I recall there was some issue with your attorney not naming everyone from the beginning.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.
Posted: Mon Oct 11, 2010 09:12 pm Post Subject:
My attorney
This may be the source of all your difficulties.
Posted: Thu Mar 03, 2011 06:48 am Post Subject: Hurt badly at work.
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.
Posted: Thu Mar 03, 2011 07:13 am Post Subject:
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.
Posted: Fri Jul 15, 2011 09:55 am Post Subject: mXXIDtctdKj
I'm out of leuage here. Too much brain power on display!
Posted: Fri Jul 15, 2011 11:53 am Post Subject: MAYCshHoKlMvk
Now thatÂ’s sbulte! Great to hear from you.
Posted: Sat Jul 16, 2011 03:32 pm Post Subject: gntJEHdBGQMlVJ
I really nedeed to find this info, thank God!
Posted: Tue Aug 23, 2011 10:45 am Post Subject: JPZWRDZKJIVgm
I had no idea how to approach this before-now I'm locked and laoedd.
Posted: Wed Aug 24, 2011 05:50 pm Post Subject: QljRWILkXnec
Good to see a tlaent at work. I can't match that.
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