Community Service Injury

[tortrick]

What is the name of your state (only U.S. law)? Oregon.

I have 40 hours of mandatory community service. Before beginning I was asked to list all medical issues and injuries that may interfere with work abilities. I have back and knee issues that haven't been accounted for and now my situation is much worse. I was very clear in stating my disabilities before being given an assignment so I'm wondering if I can sue the county for any damages or injuries that happened because of this negligence.

Thanks!

 

[Just Blue]

What is the name of your state (only U.S. law)? Oregon.

I have 40 hours of mandatory community service. Before beginning I was asked to list all medical issues and injuries that may interfere with work abilities. I have back and knee issues that haven't been accounted for and now my situation is much worse. I was very clear in stating my disabilities before being given an assignment so I'm wondering if I can sue the county for any damages or injuries that happened because of this negligence.

Thanks!

. I have back and knee issues that haven't been accounted for and now my situation is much worse

Please clarify. Are you stating these issues have not been accounted for MEDICALLY?

 

[tortrick]

My apologies! They have all been accounted for medically. I've had injections in both knees and I have SI/spine issues that are also documented. The issue is that I live in a very small town and even though I stated that I have these issues and cannot do much lifting, bending or walking up and down stairs they still have me doing a job that requires all of the above (due to lack of work options). I'm not so worried about punishing the county or the people responsible but I'm worried about my condition and medical bills if the problem is aggravated. My joints feel much worse so I'm going in for another MRI to see if the damage is much worse.


Thank you for the response!

 

[quincy]

What is the name of your state (only U.S. law)? Oregon.

I have 40 hours of mandatory community service. Before beginning I was asked to list all medical issues and injuries that may interfere with work abilities. I have back and knee issues that haven't been accounted for and now my situation is much worse. I was very clear in stating my disabilities before being given an assignment so I'm wondering if I can sue the county for any damages or injuries that happened because of this negligence. ...

Yes, you can potentially sue the county and/or the community service program for any damages or injuries that occur due to a failure on the part of the community service program to adequately train, supervise, direct, control, or assign tasks.

Most if not all community service programs have insurance coverage and can provide compensation.

Many community service programs also designate offenders, who are court-ordered to commit to service hours, as employees so they are eligible for workers' compensation benefits.

You should check to see what sort of coverage is available for your particular program in your particular county. Your program director would be a good first person to see.

Whether the community service program and/or county can be held liable for your worsening knee and back problems, or whether any action you take will ultimately result in any benefits or an award of damages, depends on all relevant facts - facts which you can always review personally with an attorney in your area.

Good luck.

 

[tortrick]

Thank you, you've been very helpful!

 

[quincy]

Thank you, you've been very helpful!

Good. We strive to be helpful.

Thanks for the thanks.

Good luck, tortrick.

 

[tranquility]

Yes, you can potentially sue the county and/or the community service program for any damages or injuries that occur due to a failure on the part of the community service program to adequately train, supervise, direct, control, or assign tasks.

Most if not all community service programs have insurance coverage and can provide compensation.

Many community service programs also designate offenders, who are court-ordered to commit to service hours, as employees so they are eligible for workers' compensation benefits.

You should check to see what sort of coverage is available for your particular program in your particular county. Your program director would be a good first person to see.

Whether the community service program and/or county can be held liable for your worsening knee and back problems, or whether any action you take will ultimately result in any benefits or an award of damages, depends on all relevant facts - facts which you can always review personally with an attorney in your area.

Good luck.

Well, unless the court requires something like this:

http://www.co.polk.or.us/sites/default/files/fileattachments/community_service/page/5570/community_service_waiver_of_liability.pdf

Although, to be fair, federal guidelines [ https://s3.amazonaws.com/static.nicic.gov/Library/006754.pdf ] on page 22 has:

Am I Covered For...? defines a waiver as “the giving up or surrender of a right or privilege
which is known to exist.”
Typical waiver language asks the offender to give up:
...any and all claims for accident or injury or compensation of any
nature, growing out of said work against the Superior Municipal
Court, the judges of the Superior Municipal Court, the City or
County of XYZ, or Community Service Program, its officers,
agents, or employees.
Another version obviously designed to avoid workers’ compensation claims reads:
I agree to give my services without compensation and realize that, as
a non-employee, I am not covered by insurance for any injury
incurred while on the job. I will not hold either the worksite agency
or the County of XYZ responsible for any injuries or disabilities
incurred or resulting from this assignment and will be responsible
for paying my own medical bills.
Christensen cautions that, “There are a number of questions as to the validity and enforceability
of a release. The general rule is that a release which is executed before any liability arises
may be void as contrary to public policy. Some states have legislation which expressly provides
that these types of contracts are unenforceable.”
Community service programs are advised never to rely on waivers as the
exclusive remedy against liability for accidents or third party injuries or property
damage.

 

[quincy]

A waiver of liability may have been signed, right. But a waiver of liability may not be enforceable. In fact, some states have laws that specifically state these liability waivers are unenforceable as contrary to public policy.

My information came from The National Institute of Corrections, US Department of Justice. They publish a guide to risk management and insurance options for community service programs.

As with everything in law, however, facts matter - which is why my "quincy advice" is to always seek out assistance from a local attorney for a personal review of the facts.

 

[tranquility]

A waiver of liability may have been signed, right. But a waiver of liability may not be enforceable. In fact, some states have laws that specifically state these liability waivers are unenforceable as contrary to public policy.

I didn't find one for Oregon and note the waiver I linked to was from Oregon.

My information came from The National Institute of Corrections, US Department of Justice. They publish a guide to risk management and insurance options for community service programs.

I wonder where someone might find such guidelines? (Perhaps the link I supplied and quoted from previously.)

 

[quincy]

I didn't find one for Oregon and note the waiver I linked to was from Oregon.

I wonder where someone might find such guidelines? (Perhaps the link I supplied and quoted from previously.)

I didn't check out your link. Sorry.

 

[tranquility]

I didn't check out your link. Sorry.

Don't be sorry. I make it a bit harder by not using the secret linking technology.

In my defense, I hate clicking on a link without seeing the whole address. While nothing protects from all danger, seeing an actual address, especially if it is from a government site, deludes me into a false sense of slightly better security.

 

[quincy]

Don't be sorry. I make it a bit harder by not using the secret linking technology.

In my defense, I hate clicking on a link without seeing the whole address. While nothing protects from all danger, seeing an actual address, especially if it is from a government site, deludes me into a false sense of slightly better security.

I guess there are pros and cons of both.

I am lazy so I like the live links and I know what I provide is safe - well, generally safe, that is. I do remember one thread where I messed up the link to a California government site and provided a link to - if I remember correctly - a cocaine anonymous site instead. Although the poster DID ask about the link's relevance to her concern , she accepted the error with a smile.

Now I try to remember to check the links before I leave the thread.

I think it is single317dad who gives you the option by providing both a live link and the URL.

 

[tranquility]

I think it is single317dad who gives you the option by providing both a live link and the URL.

Double secret probation linking technology?!?!? I will have to review some of his posts to understand the little known codicil of the FreeAdvice Constitution.

 

[quincy]

Double secret probation linking technology?!?!? I will have to review some of his posts to understand the little known codicil of the FreeAdvice Constitution.

I think I would rather spend my time sitting in the sun on the FA rooftop with a drink but ... a review of single317dad's posts might possibly make my top 100 things to do for fun on FA.

 

[Proserpina]

I think I would rather spend my time sitting in the sun on the FA rooftop with a drink but ... a review of single317dad's posts might possibly make my top 100 things to do for fun on FA.

And just like that, some of us feel ... unloved.