workplace accident leaves me in hospital for 3 days

workplace accident leaves me in hospital for 3 days

Real Estate Investor · Calgary · Member since 2008 · 92 posts · 3 votes

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

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  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    18y

    Andrew, in the US this would definitely be a "workman's comp" situation. Workman's comp is a state ran (well, I think) insurance program that covers work place accidents. You should find out if there's something similar in CA, and contact them to find out your rights in this situation.
    Jon

  • Real Estate Investor · Millsboro, DE · Member since 2008 · 480 posts · 26 votes
    18y

    I dont know if you can sue, but im sure you can get everything paid for. Now, and in the future. Call the state.

    I broke my hand on the top in two places, when I fell down a flight of steps, about 5 years ago. It still hurts to this day, because I didn't take care of it properly, and let it heal.

    Whatever you do, take care of it, and dont go back to work until it feels 100%.

  • Residential Real Estate Agent · Los Angeles, CA · Member since 2008 · 1k+ posts · 9 votes
    18y
    Originally posted by "Wheatie":
    Andrew, in the US this would definitely be a "workman's comp" situation. Workman's comp is a state ran (well, I think) insurance program that covers work place accidents. You should find out if there's something similar in CA, and contact them to find out your rights in this situation.
    Jon
    You would be correct Jon-

    They have that kind of support in CA, I know cause I sustained a back injury due to the lack of repairs to the roads in our yard! The neglect of the company resulted in my back injury (cheaper to pay foy medical then to fix the roads I guess) and I filed Workmans Comp. I still have a claim open and I have four years now to take action and sue the company for their neglect on the roads that lead to my injury.

    @andrew415-

    If you ever feel that you shouldn't do anything that doesn't look safe to you , :badwords: your boss (for lack of a better word) and don't do it! Trust me it will save you the time, money, pain, and hearache for what can happen if it does (in your case it did)! Now I am not too sure if you have a lawsuit but you might wan to check with an attorney. Thank you for your time and take it easy Andrew we are only men and we can only do so much, keep it biggerpockets!

  • Real Estate Investor · Fairfield, CA · Member since 2008 · 48 posts · 4 votes
    18y

    Well keep in mind....I'm sure Jon meant Canada with the CA. The OP isn't in the states so it might be different there. Here yes, all employers are required to carry worker's comp insurance and pay a percentage of total wages paid as our policy premium.
    At least employees are covered for on the job injury that way. Not only to cover medical costs directly related, but to pay temp disability payments while unable to work, cover future medical needs that might arise as a result of the injury (or they sometimes will settle for a lump sum medical payment if you sign off future medical claims for that injury)....they'll also assess whether you were to some degree permanently disabled/unable to return to the same line of work, and help with training for a new line of work if necessary.

  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    18y

    Yeah, DOH! I meant Canada by CA. Typing over the speed limit.

    I think you intended the link to be http://www.wcb.ab.ca/home/. That does look like the right place to start, specifically http://www.wcb.ab.ca/workers/default.asp. Have a look and see what you need to do. This looks pretty similar to the US system. This certainly seem like it would be covered.

    Jon

  • Residential Real Estate Agent · Los Angeles, CA · Member since 2008 · 1k+ posts · 9 votes
    18y

    Opps sorry about the misinterpitation! And thank you very much donflips for the heads up, keep it biggerpockets........

  • Real Estate Investor · London · Member since 2008 · 3k+ posts · 74 votes
    18y

    Andrew,

    1. Check with the government agency that handles work related incidents. They likely have all the info on the web.

    2. Consider consulting an attorney to see what your legal rights are.

    3. Figure that you now have some time to hunt down good RE deals. Do not waste it.

    John Corey

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