Don Drapers woman
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Nope, work comp is an exclusive remedy for injuries at work, no attorney would take that case. You are eligible for work comp, but there is no pain and suffering or punitive damages for a work comp claim so stop being so litigious, and get back to work. |
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David J
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Why should somebody else pay for YOUR inability to use a ladder safely and correctly?
Dan B:
I'm glad you lost. Whether the ladder was "crappy" or not is irrelevant.....you CHOSE to go up it. If you saw a taxi driver swigging from a bottle of Scotch, would you choose to ride in his cab? |
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googie
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You climbed a ladder , fell off, and want to sue the owner of the ladder?What is your defense? That he shouldn't have lent you the ladder because you are a clumsy oaf? The nerve of some people's children. I hope that you asked that question for laughs otherwise we have to doubt your cranial output!! |
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goatslunch
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Did the scummy owner shake the ladder from under you. DId he set the ladder up in an unstable location. Was the ladder suitible for the intended use? Were you actually injured?
How about you take some personal responcibility and stop looking for a free ride. |
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junglejungle
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I did the same when i was 4.. but landed on brains (explains a lot =) )
but do you have your nvq in "walking up ladders" "positioning ladders" "the right type of ladder to use" ... and the "walking down ladders" final part ;-) ?
litigation with everything.. now it's all ambulance chaser companies about...
world has changed a lot.. |
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MSAD
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If it happened in the course of business - you file for workers compensation. The workers compensation will pay for lost wages and medical bills. In exchange for the WC claim - you give up the right to sue for tort.
Also - to win in a tort action - you have to prove the company or Rupert Murdock did something that caused your injury - that they were negligent and because of their negligence, you were hurt.
By your admission - nothing was wrong with the ladder - it is your negligence in the use of the ladder that caused your injury. Therefore, most likely you would not prevail in a tort action.
However, your negligence does not prevent you from filing a WC claim. |
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mbrcatz
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If your employer has workers comp, you can't sue them. You CAN sue the owner of the property, and if they set the ladder up negligently, you might even win. If YOU set the ladder up, it's your own fault. |
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MCFC
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the owner of what?? the ladder?? if your serious give more detail!!
the law states, that if you have been given either suitable training or access to a risk assessment form, then it is your responsibility for the safe use of working at heights |
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Scouse
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UK health and safety. You may have a claim under those rules. Why did you climb the ladder without someone bottom footing it? Did you ask?
Was it refused? etc. Where you injured? |
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mamatohaley+1
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Unless he pushed you off you are the only one responsible for your clumsiness so I think you are on the hook for this one |
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Steven
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if the ladder was flimsy and practically broken... then yes. if it was your fault then no thats not fair to him and its mean. but if he asks you to do a job and says, ''Here, take this ladder, it's good"...and it breaks on you and u get hurt... then id sue. it all depends on the situtation. could u have stopped it or was it completely his fault? and U DID choose to go up it. if u new it was crappy u should not have gone up it in the 1st place. and shouldnt u have a ladder of your own...depending on what your doing? |
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Barry auh2o
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Did you hurt yourself?? Did you report it right away???
If not, LOL! If yoiu did hurt yourself, you're covered by workmen's comp, and if you're covered by WC you cannot sue. have fun working for a living. |
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Ernie D
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if you work for a company then you should be able to get workmans compinsation in any event call them and report you situation they might help you |
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firebobby
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Your employer has a duty of care to you, ie he must satisfy himself that you are fully trained to carry out you duties safely and that the equipment you use is fit for purpose. Similarly, you have a duty of care to yourself, so even if you were trained and the equipment was safe, have you used it within the safe guidelines.
By all means make a claim, but be prepared that the outcome might be seen as 50/50 and therefore reduce any award. |
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gordonmother
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Ask yourself, you may get some money, but will you have a job when you make a claim against your employer ? |
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Dan B
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DUDE....No, don't make the same mistake I did. I sued a dude who owned a crappy ladder which broke. He won! |
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wayneypayney
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did you have ladder training, if not then sue for every penny. |
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