workplace accident leaves me in hospital for 3 days

[Andrew B.]

As you guys know I work road construction, I am a roller operator for a paving crew. On November 6, 14 hours into the shift we were almost finished for the night when we heard that one of the guys got his rubber( a type of roller) hung up on a curb. We attempted sledge hammering the curb, pushing with a bob cat and I was instructed to pull up in front of the equipment that was stuck. My boss then proceeded to get a nylon tie down strap out of his truck and hooked it up to my machine and the rubber.

I asked my boss what the maximum rating is for the strap he ignored the question and I asked if we could use the bob cat and figure out another way of getting out, he said "there's no f'ing way this is our only chance now get on your roller and pull it out!"

During all of this I must have been hooked up for about ten minutes and I was telling other co-workers that it was going to snap because it was not rated for the equipment which must have been about 30,ooo pounds.

Anyways I got on the roller, as told and I revved up and proceeded to put tension on the strap. I gave it more gas and all I heard was a huge bang and saw a buckle through the darkness at which honestly must have been going about 300 miles an hour. It struck the inner part of my hand right at my thumb and shattered it in 2 places.

I went to the hospital obviously, rushed by a co-worker and was x-rayed and found out that it was fractured in 2 different places and was wedged out of place. That night I spent in the hospital, hooked up to several contraptions to monitor me. The next day(yesterday) I had surgery and they put a steel plate in and I am now out of commission for 6-8 weeks including physio. They are obviously giving me paid leave(wcb) but I am wondering if I should take any legal action, or is there nothing I can do.

They know they are at fault because my supervisor has been suspended for lack of leadership in safety, basically taking care of his crew.

Anyways what do you guys think? Let me know, thanks very much.

www.wcb.ab.com says i cant sue :S