Ladder snapped...4 herniated discs

[Mike from NY]

What is the name of your state?NY
Hello,
Injured 3 months ago falling at work from an almost new wooden ladder that snapped at the side rail. A one foot piece blew out between the steps on the right side rail.
If I didn't see it for myself I would never have thought such a thing was possible.
Just got MRI results back and have 4 herniated discs...2 in back,2 in neck..pressure on all nerves and one that is pushing on my spinal cord in neck.
Sharp burning pains in back, neck, arm, legs etc...can't sleep...you name it.
I have just retained a lawyer for a possible injury tort against the manufactuer of ladder and have a comp. claim started also.
Lawyer is reluctant at this point to discuss any ballpark figures about any court action. I understand that at this point and I didn't want to go there just yet.
My question is...
What would be a very general starting point in this type of situation?
I'm a 42 yrs. old male, single w/2 kids, H.S. education / union apprenticeship trained pipefitter/welder for the last 15 years making about $1100 a wk.
My 15 years of pension so far is worth about $2000 a month when I retire with 30 yrs. in.
I can retire at 57 with the 30 yrs. in.
Haven't worked since accident and about to get my disability status next week from the Doctor, I hope.
Haven't collected any comp. yet.
First time ever injured at work and finding out compensation is a very slow going ordeal.
Hope to return to my occupation but you never know.
Any estimates so I know if my lawyer is in the ballpark or close to it when that comes about?


Thanks for any help in advance...Mike

 

[Trucking Mad]

Nobody here!

Sorry my friend, no-one here would be able to tell you what your pain and suffering is worth or the extent of therapy, medical out come. Losses personal, mental, physical, emotional are best determined between you & your attorney.
Just a thought-- Your Co. purchased the ladder new? The ladder was regularly used by yourself or did others have access to it?
You accepted the ladder in working order (mechanically non-defective) and you checked it for any defects of structure before use everytime or just assumed.
Look forward to your response.

 

[You Are Guilty]

Sorry my friend, no-one here would be able to tell you what your pain and suffering is worth or the extent of therapy, medical out come. Losses personal, mental, physical, emotional are best determined between you & your attorney.
Just a thought-- Your Co. purchased the ladder new? The ladder was regularly used by yourself or did others have access to it?
You accepted the ladder in working order (mechanically non-defective) and you checked it for any defects of structure before use everytime or just assumed.
Look forward to your response.

Poster, don't bother responding as your answers are irrelevant (assuming you were working at the time of the accident). (And here I thought you were getting better, Trucking).

§ 240. Scaffolding and other devices for use of employees. 1. All
contractors and owners and their agents, except owners of one and
two-family dwellings who contract for but do not direct or control the
work, in the erection, demolition, repairing, altering, painting,
cleaning or pointing of a building or structure shall furnish or erect,
or cause to be furnished or erected for the performance of such labor,
scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys,
braces, irons, ropes, and other devices which shall be so constructed,
placed and operated as to give proper protection to a person so
employed.

It's a non-delegable duty (read "strict liability"), which then means that the employee's actions are irrelevant (except in recalcitrant worker cases, which doesn't apply here). Assuming the broken ladder was a "contributing cause" of the injuries (duh), the owner is on the hook no matter what contributory negligence may be present.

As for valuing the claim itself, anything specific enough to be useful is impossible without a full review of the pertinent records. A guesstimate is somewhere between $5,000 and $5,000,000.

 

[Trucking Mad]

Well Now!

Poster, don't bother responding as your answers are irrelevant (assuming you were working at the time of the accident). (And here I thought you were getting better, Trucking).

It's a non-delegable duty (read "strict liability"), which then means that the employee's actions are irrelevant (except in recalcitrant worker cases, which doesn't apply here). Assuming the broken ladder was a "contributing cause" of the injuries (duh), the owner is on the hook no matter what contributory negligence may be present.

As for valuing the claim itself, anything specific enough to be useful is impossible without a full review of the pertinent records. A guesstimate is somewhere between $5,000 and $5,000,000.

My response stands! As I stated no-one here could tell you what your pain and suffering is worth!
Having spent a great deal of my carrier in the trucking industry I could tell you with out a doubt that you are in fact responsable for checking the equipment for any malfuctions, mechanical defects, or any physical defects that may be noticed before taking them out to a job site, This could only be limited by the company and their safety proceedures!
Even if they had an mechanical division, it is the responability of the employee before receiving equipment to determine if the equipment is safe for operation based on an equipment and safety check list... Once again this is only limited by the company proceedures on equipment and safety!

 

[You Are Guilty]

My response stands! As I stated no-one here could tell you what your pain and suffering is worth!
Having spent a great deal of my carrier in the trucking industry ***I could tell you with out a doubt that you are in fact responsable for checking the equipment for any malfuctions, mechanical defects, or any physical defects that may be noticed before taking them out to a job site, This could only be limited by the company and their safety proceedures!
Even if they had an mechanical division, it is the responability of the employee before receiving equipment to determine if the equipment is safe for operation based on an equipment and safety check list... Once again this is only limited by the company proceedures on equipment and safety!***

Well now, that didn't last very long, did it. You've regressed back to putting your boot in your mouth. Everything between the asterisks is 100% incorrect, for the reasons I previously posted. What you do as a TRUCKER has no bearing, whatsoever, on ladder accidents in NY.

But, to be clear, there is strict liability in ALL work-related ladder accidents in New York. The worker can climb it blindfolded, or take a dump off the bottom rung, but if he falls and gets hurt, the employer is still liable. There is no "requirement" that there be a pre-use inspection, or even that common sense be used. "Company procedures" are even more irrelevant, they are no legally binding by any stretch of the imagination.

However, since the OP has disappeared into the night, I am done with this point.

 

[HomeGuru]

My response stands! As I stated no-one here could tell you what your pain and suffering is worth!
Having spent a great deal of my carrier in the trucking industry I could tell you with out a doubt that you are in fact responsable for checking the equipment for any malfuctions, mechanical defects, or any physical defects that may be noticed before taking them out to a job site, This could only be limited by the company and their safety proceedures!
Even if they had an mechanical division, it is the responability of the employee before receiving equipment to determine if the equipment is safe for operation based on an equipment and safety check list... Once again this is only limited by the company proceedures on equipment and safety!

**A: oh brother......you again. You continue to give trucking wrong answers and can't even trucking spell.

 

[Trucking Mad]

Well now!

Well now, that didn't last very long, did it. You've regressed back to putting your boot in your mouth. Everything between the asterisks is 100% incorrect, for the reasons I previously posted. What you do as a TRUCKER has no bearing, whatsoever, on ladder accidents in NY.

But, to be clear, there is strict liability in ALL work-related ladder accidents in New York. The worker can climb it blindfolded, or take a dump off the bottom rung, but if he falls and gets hurt, the employer is still liable. There is no "requirement" that there be a pre-use inspection, or even that common sense be used. "Company procedures" are even more irrelevant, they are no legally binding by any stretch of the imagination.

However, since the OP has disappeared into the night, I am done with this point.

I don't mind being wrong and having that pointed out.
You my friend are definately wrong about Co. proceedures and their bearing on cases such as this.
Your right the poster seems to be gone
I'm not just a trucking client, I'm also the president! HAAA! HAAAA! HAAAAA!
Why don't you finish on the other post, I'm still waiting for your final answer there or was that already your final answer! LOL

 

[Trucking Mad]

Bye! Bye! Now!

**A: oh brother......you again. You continue to give trucking wrong answers and can't even trucking spell.

You and I have nothing do discuss. Take your "L" and your worn out trucking invective innuendoes and stay the TRUCK away from me--HOMESPLAT!

 

[john123456]

You and I have nothing do discuss. Take your "L" and your worn out trucking invective innuendoes and stay the TRUCK away from me--HOMESPLAT!

When is this bozo going to be banned?

 

[Trucking Mad]

Who, What!

When is this bozo going to be banned?

Who are you? what did you say?**************..Oh thats right your a gnat that i'm going to swat with my gnat swatter......Your elevator doesn't go past the 3rd floor, better stay on the ground level before you fall and hurt yourself! LOL

 

[You Are Guilty]

When is this bozo going to be banned?

I'm guessing the next time he argues his wrong legal advice is correct. (Like "company policy" having any bearing on strict liability cases).

 

[Trucking Mad]

Who's the teacher, Who's the student!

I'm guessing the next time he argues his wrong legal advice is correct. (Like "company policy" having any bearing on strict liability cases).

Whats really going on here? Are you delusional or suffering from sometimers!

 

[HomeGuru]

When is this bozo going to be banned?

**A: when we are finished toying with him and get tired of seeing his face in the sandbox. Then we will kick his trucking ass out.

 

[Mike from NY]

What are you talking about?

NY
Trucking Mad...thanks for your attitude laced advice.
Just got done burying a close relative..sorry I didn't respond back to you as soon as you would've liked.
Sounds like you know absolutley" Dick! " about this and just like reading your own posts/responses.
Get back in your truck, blow your horn elsewhere and try to refrain from running small cars or animals over when or if you are actually old enough to drive..

Thanks to everyone else for your measured and mature reponses.

 

[Trucking Mad]

What ever!

NY
Trucking Mad...thanks for your attitude laced advice.
Just got done burying a close relative..sorry I didn't respond back to you as soon as you would've liked.
Sounds like you know absolutley" Dick! " about this and just like reading your own posts/responses.
Get back in your truck, blow your horn elsewhere and try to refrain from running small cars or animals over when or if you are actually old enough to drive..

Thanks to everyone else for your measured and mature reponses.

Good luck to you and your situation. You know all that attitude is directed at these other individuals. As far as not knowing (as you say) "DICK" about any of this your wrong my friend. But thats what I get for trying to add some advice on a thread that you started and is open to the forum