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  1. #1
    Join Date
    Mar 2011
    Posts
    1

    Question Retail Store Injury Due to Negligence of Safety

    My workers compensation claim was made in the State of: Arizona

    Im a current employee at a retail store. I recently was hurt on the job by a fire extinguisher.What happened was I with a customer face to face. I took a step back and brushed up against the fire extinguisher in the main aisle with my shoulder. The extinguisher immediately fell of the wall including the mount that held it and onto the to side of my ankle.I didn't have much time to even move out of the way from it.

    If this was a customer... then what?!?? I mean I didn't tug,pull or bash into it. Literally I brushed into it and it came out of the wall. There is no record from the fire Marshall in his most recent visit saying it was loose. Im trying to find out when the last time the visit even was but, I do know they do come. To say that it was loose prior to be brushing into it is pretty fair seeing as the mount and all came out of the dry wall. I mean it very likely this is a safety issue and or negligence on someone's part.Anyone opinion on what steps I should take?

    Right now its been a week and a half and i can't work yet. Doctor says I can but due my injury and limitations I can't return in the company's eyes. Which is understandable. I am receiving workman's comp but honestly I don't feel this is even fair in a sense. Not to mention this injury to my ankle may be a lifetime injury Im dealing with.

    Opinions, steps i should take.. anything is much appreciated. I'm only a college student and well honestly don't know much about all this.

  2. #2
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,340

    Default Re: Retail Store Injury Due to Negligence of Safety Need Opinions

    You should see an attorney who specializes in workers compensation. This may sound cruel, but take care of yourself first especially, if you have a injury, in your opinion may affect you for a long period of time, even if you don't think its fair, you were injured on the job. Bring up the faulty equipment to your attorney who will guide you, if necessary, through the process of reporting the equipment failure.
    Knowledge is a beneficial tool for the injured worker!

  3. #3
    Join Date
    Mar 2011
    Posts
    291

    Default Re: Retail Store Injury Due to Negligence of Safety Need Opinions

    you should file a workers comp claim
    http://www.ica.state.az.us/Claims/Cl...g_a_Claim.aspx

    workers comp is the only claim you can file against the employer for a work injury; a civil suit is not allowed.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: Retail Store Injury Due to Negligence of Safety Need Opinions

    I am receiving workman's comp but honestly I don't feel this is even fair in a sense. Not to mention this injury to my ankle may be a lifetime injury Im dealing with.
    WC is no fault. If there is negligence on the part of the ER, it would be your burden of proof...that's the reason it's no fault in the first place. So you are provided medical care, wage replacement and indemnity if there is permenant impairment.

    You file a first report of injury with your ER, they file with their WC carrier, and the claim is investigated. Those are the steps.
    Once your Dr feels you are stable enough to return to work, in a light duty status, that's what you do if your ER can provide that modified duty/job. If not, you remain TTD until you are determined MMI.

    You didn't indicate the nature of your ankly injury... how do you suppose this will be a ''my ankle may be a lifetime injury Im dealing with.'' If there is permenant impairment, you'll be rated, and the number of weeks indemnity, based on the %, will be paid. That's all the money you are eligible for. There is not likely a 100% PD here, no lifetime payments.

  5. #5
    Join Date
    Apr 2011
    Posts
    3

    Default Re: Retail Store Injury Due to Negligence of Safety Need Opinions

    Okay,

    I got hurt at work with no faught of my own three people saw me fall, I fell Friday the 1st I reported it then went to the ER on Saturday on Monday I saw a Doctor then went to work on Tuesday my boss sent me home early then gave me Wednesday off, then worked me to noon Thursday then gave me Friday off. I have restrictions due to the Doctor but its very little I sit down and work while icing my hand every 30mins. I think my Boss may be trying to not let me get Work Com. because I am schedule 37.50 hours each week, this week I only got 12. What do you guys think help me , I need to pay bills, it is not my faught I fell at work and I have three people that saw the fall.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: Retail Store Injury Due to Negligence of Safety Need Opinions

    What is your STATE ?
    You have the right to file a WC claim...in fact it is the law.
    Who paid the ER bills...?
    You aren't going to be paid disability benefits unless you file a claim.
    Be best to begin a thread of your own...in your own state.

  7. #7
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,340

    Default Re: Retail Store Injury Due to Negligence of Safety Need Opinions

    Just a follow up:
    Think about yourself and not your employer, file the necessary workers compensation paperwork otherwise you may be out of a job and have to pay medical bills that weren't your fault, and remember if you attempt to have your health insurance pay these bills they will follow up and if found to be a WC issue they will not pay the bills and they will become yours to pay!
    Knowledge is a beneficial tool for the injured worker!

  8. #8
    Join Date
    Jul 2010
    Posts
    10

    Default Re: Retail Store Injury Due to Negligence of Safety Need Opinions

    There is no record from the fire Marshall in his most recent visit saying it was loose. Im trying to find out when the last time the visit even was but, I do know they do come. To say that it was loose prior to be brushing into it is pretty fair seeing as the mount and all came out of the dry wall. I mean it very likely this is a safety issue and or negligence on someone's part.Anyone opinion on what steps I should take?
    Fire extinguisher should have a tag attached to it where someone usually inspects periodically. Where i used to work it was a monthly check.

  9. #9
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,340

    Default Re: Retail Store Injury Due to Negligence of Safety Need Opinions

    A lot of people are injured at work and it wasn't their fault but, you have to get the reason why out of your mind, and concentrate on being injured, filing the necessary paperwork for the injury and not worrying about the fire extinguisher being the primary reason why you were injured; are you thinking about suing that company? Won't happen, unless they knew first hand of a problem and didn't rectify the problem, which would be part of the comp case as a third party involvement. Worry about yourself, get an attorney and speak with them, and what state are you talking about, that you were hurt in?
    Knowledge is a beneficial tool for the injured worker!

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