# I officially have bad luck!



## dowmace (Jan 16, 2008)

I thought I'd get some advice from you guys about a "little" incident that happened yesterday.

My helper and I were in a JLG boom lift about 20 ft off the ground inside of a factory, the factory regularly has cranes running back and forth through the building I knew this and let everyone in the area know we would be in the area for a few hours. We had finished our run of 3/4" and were lowering when a moron in one of the trolley cranes ran smack into us it smashed the cage on the lift into my leg lifting the unit onto two wheels. Now the company has taken very good care of us and paid for my emergency room visit last night and everything you would expect. The problem is last week I recieved a job offer make quite a bit more money than I do with the current company after they found out I was injured and would be out for atleast two weeks they retracted the offer, fyi I would've made about 12k more a year. My knee is really jacked up and I have to get an MRI done next week to make sure there is no soft tissue damage. I am being paid my workers comp and all of that good stuff but I lost a very good job I would have had health benefits for myself and family plus the extra money and 2 weeks vacation the instant I signed on. Am I entitled to some kind of damages I don't want to be a jerk but I feel like I lost a very good job that would've changed my life for the better. Anyone else been through this before? I've asked a few of my family members and they think I should just sue but I don't want to try and take millions from the company it's not that huge of a deal I just want what I am entitled or atleast I feel I'm entitled too. thanks guys!


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## randomkiller (Sep 28, 2007)

I would let things happen as they will, maybe you need surgery or something. After all is said and done, go see a lawyer. Do a third party suit against the guy that drove into you. It isn't right and you should be compensated. Once assessed a level of permanency your worker's comp will send you a settlement.


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## sbrn33 (Mar 15, 2007)

Why would you sue somebody. This should be your responsibility. If anything your boss should be mad at you for damaging his lift just because you didn't take the time to lock out anything that could have been of danger to you.
This is one of the problems with this country, sue happy people that won't take responsibility for their own actions.


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## dowmace (Jan 16, 2008)

sbrn33 said:


> Why would you sue somebody. This should be your responsibility. If anything your boss should be mad at you for damaging his lift just because you didn't take the time to lock out anything that could have been of danger to you.
> This is one of the problems with this country, sue happy people that won't take responsibility for their own actions.


I don't think you understand a crane drove into me, I had no control over that I can't shut off all the cranes in a building because there is on out of 8 that is in the area I am working in, all of the workers knew we were there and I took all the necessary precautions the crane driver was being negligent he didn't stop when he was 10 feet from us as we were screaming stop at him.


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## gilbequick (Oct 6, 2007)

You can sue the guy that hit you all you want, odds are he doesn't have anything worth suing over and even if he did, come on man, this was at work. 

As to your new position did you have anything in writing stating when you started or how much your pay would be? If not than what's your proof? You could say anything!

Did you guys have any cones up or anything? 

If you're going to sue anybody sue the company sue the company the crane operator works for. They didn't provide you with a safe enviornment to work in. 

Myself I'm not a suing kind of person. You should talk to a lawyer and get their advice. I can tell you now what they're going to say and that's sue everybody. Don't expect to come out of this with a lot of friends.


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## randomkiller (Sep 28, 2007)

gilbequick said:


> You can sue the guy that hit you all you want, odds are he doesn't have anything worth suing over and even if he did, come on man, this was at work.
> 
> As to your new position did you have anything in writing stating when you started or how much your pay would be? If not than what's your proof? You could say anything!
> 
> ...


 
In suing the guy that was driving the crane the company isurance would be the actual defendant, not the guy. It is their responcibility to have people in their building expect a base level of safety. Crane operators should be trained in safety as well. It is an unfortunate situation.
I never was a "sue em" person but, I have been to the mountain and seen the light since those days. Too many guys I have worked with have been left bad off from things such as this incident. My closest friend from work has very serious injuries that happened on the job. To see him live in constant pain daily puts many things in perspective. If someone asks him why he is still working, he asks if they are going to support his family if he quits.
The guy is held together by bone grafts, lag bolts, screws, pins, and plates. I have never known him to miss a day from work for feeling ill. To compound it, when he was out for orthopedic repair, he went broke and his wife left him over it. He lost his house and his wife.


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## dawgs (Dec 1, 2007)

randomkiller said:


> In suing the guy that was driving the crane the company isurance would be the actual defendant, not the guy. It is their responcibility to have people in their building expect a base level of safety. Crane operators should be trained in safety as well. It is an unfortunate situation.
> I never was a "sue em" person but, I have been to the mountain and seen the light since those days. Too many guys I have worked with have been left bad off from things such as this incident. My closest friend from work has very serious injuries that happened on the job. To see him live in constant pain daily puts many things in perspective. If someone asks him why he is still working, he asks if they are going to support his family if he quits.
> The guy is held together by bone grafts, lag bolts, screws, pins, and plates. I have never known him to miss a day from work for feeling ill. To compound it, when he was out for orthopedic repair, he went broke and his wife left him over it. He lost his house and his wife.


If she couldn't stick by him during the hard times in life, he is better off without her.


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## chefsparky (Mar 22, 2008)

@ dowmace hope u feel better and are back on your feet soon.


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## JohnJ0906 (Jan 22, 2007)

Dowmace, I hope you heal soon, and completely.

I do think you need to consult a lawyer.


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## sparky970 (Mar 19, 2008)

You sure are putting a lot of trust in other people. At the very least, mechanical stops should have been place on the crane rails since there was the risk of someone running the crane into you working zone and the crane could not be locked out. Would you go out and disconnect a motor without at least opening the breaker or better yet hanging a lock? I would never trust anyone not to energize something I am working on, especially anything over 120V.


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## wwilson174 (Apr 25, 2008)

You have my sympathy, I have been asked several times to operate a boom truck in an area with operating overhead bridge cranes. I refused unless some safety provisions were in place. Shutting down the cranes was not an option, nor was blocking the runway. We finally settled on having a groundman with an air horn to signal the crane operators. Not ideal but something. I was criticized for my stance but your story confirms my stance. Bill Wilson.


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## dowmace (Jan 16, 2008)

I think a few a of you guys are misunderstanding what I was working on. I wasn't doing any work on the cranes they just happen to run in that building. I was running some conduit along an i-beam just below them.

We did have caution tape around the area the lift was in. I notified all of the crane drivers in the building (there are only a few that are certified)

I have an intent to employ which has the pay rate I was going to recieve on it. It's a fax but it has the company owners signature on it, I have yet to get a chance to speak with a lawyer. I don't so much want to sue because I'm greedy but because I am missing alot of money, i realized today that I'm not getting any overtime for this week had I worked 8 hours thursday and 8 hours on friday I would've had a 53 hour week so 10 hours at time and a half and 3 hours of double time. Thats not alot of money to most people but when your only 21 with two kids and a wife and almost no savings to speak of 100 bucks can be alot! Thanks for the kind words from most of you guys my knee has been spasming alot today and I most definately going to have an MRI done on monday so I should know what the extent of the damage is then. 

I have learned a lesson though I will not ever operate a lift in an area where there are cranes operating again. I don't mind working nights if it means I'm safe.


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## dowmace (Jan 16, 2008)

gilbequick said:


> Myself I'm not a suing kind of person. You should talk to a lawyer and get their advice. I can tell you now what they're going to say and that's sue everybody. Don't expect to come out of this with a lot of friends.


Thats what I'm afraid of. I don't want to just sue everyone for millions I'm not entitled to that I don't see myself making that much in the time I'm going to be off of work. At the most I don't expect more than 10-15K. Even then all of that money will go straight to bills and if there is any left over I will be giving it back to the company to better educate them in safety. I don't like anyone giving me something I don't deserve I wasn't raised that way. I've worked for everything I have and I'll continue to do that until I die :thumbsup:


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## gilbequick (Oct 6, 2007)

That's a good attitude to have. Sorry you got hurt man, I hope you feel better. Sometimes there are things you just can't help: there are idiots everywhere who don't understand even what a little bit of carelessness can do.


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## dowmace (Jan 16, 2008)

update, I will be 3rd party sueing the crane driver. Because I am using workers compensation the company itself is relieved from any kind of legal repurcussions so I have to go after the offender he is protected by the companies insurance however so I assume they will probably step in and settle it out of court. I would rather settle it out of court for sure because it's better for everyone that way. I'll keep everyone updated as everything progresses


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## randomkiller (Sep 28, 2007)

dowmace said:


> update, I will be 3rd party sueing the crane driver. Because I am using workers compensation the company itself is relieved from any kind of legal repurcussions so I have to go after the offender he is protected by the companies insurance however so I assume they will probably step in and settle it out of court. I would rather settle it out of court for sure because it's better for everyone that way. I'll keep everyone updated as everything progresses


First of all I also hope your feeling better soon. But a word of advice, they will try and drag out a settlement as long as possible. All the guys I have worked with have had things go about five years before settlement. By stalling many things happen in a positive way for the defense lawyers, people forget things, etc,etc. Patience is a virtue, don't rush into a quick buy off.


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## randomkiller (Sep 28, 2007)

dawgs said:


> If she couldn't stick by him during the hard times in life, he is better off without her.


Very true but could you imagine finding that out at that point in your life? They had two kids together. The good news is, he is happily married now to a great girl.


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## heel600 (Oct 31, 2007)

dowmace said:


> I think a few a of you guys are misunderstanding what I was working on. I wasn't doing any work on the cranes they just happen to run in that building. I was running some conduit along an i-beam just below them.
> 
> We did have caution tape around the area the lift was in. I notified all of the crane drivers in the building (there are only a few that are certified)
> 
> ...


I hate to beat a dead horse, but just telling every crane operator to stay clear of you is like putting a Post-It on a panel telling people not to turn on the circuit you're working on. It's your life, and YOU need to make sure you 'lock out' whatever you're working on that could hurt you.


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## Ecopat (Apr 17, 2008)

randomkiller said:


> First of all I also hope your feeling better soon. But a word of advice, they will try and drag out a settlement as long as possible. All the guys I have worked with have had things go about five years before settlement. By stalling many things happen in a positive way for the defense lawyers, people forget things, etc,etc. Patience is a virtue, don't rush into a quick buy off.


Agreed, I had the top of my R/H ring finger crushed at work and the union took the company to court over it and 3 years later I received a cheque for £3,800 GBP. To this day I still have no feeling whatsoever in the top 1" of that finger.


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## randomkiller (Sep 28, 2007)

A few months ago I stepped off a parapit wall onto a pvc roof cricket and my heel turned sharply and my knee popped loudly. It has been getting more painful and swollen daily. So I had surgery on it on Thursday. There was a piece of blown out cartilage on the inside hanging out of the joint. They removed that and I was bascially laid up til today. I don't see this as anyone's fault. I did get grease on my boot soles in the kitchen of the place were it happend but not wiping my feet on a matt was my choice. I lost the day after it happened and was paid for the surgery day and following days by my boss. I have no intention of suing anyone. I look forward to going back today. I know they will acess totality and send me a check at some point and really don't feel right about that.


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