Filing Claim against government

[bonitankae]

Guam, U.S. Territory

Back in October 2008 my husband was in a near fatal accident while he was training with the local police department, he fell 150 feet breaking his left leg...this is now a permanent disability 19% loss as per the WC I have filed a loss of consortium claim...just for the Government to deny the claim..even with these facts:
1) no certified trainer-rappell master
2) method of hook up was incorrect
3) not reported to OSHA
what do you guys think my chances are? Do you guys think I have a case?

[ecmst12]

Unlikely. What did your LAWYER tell you.

[steelworker34]

Seems like a slam-dunk case; just because their the government doesn't mean they are immune to the judicial process (Qualified immunity does not apply as you are not suing an individual)

I agree with ecmst12; you really speak to a lawyer.

[BOR]

Don't know about Guam law, but over here in the states, sovereign's have waived immunity,
(sovereign immunity) to be sued (exceptions), even the feds.

You need to speak to an attorney over there.

[ecmst12]

Not only is this a government case, but it's also workers comp which doesn't normally allow for any recovery outside of workers comp insurance claim even in the presence of negligence, and it's not the injured party but the WIFE suing for a 19% disability to the leg which doesn't seem like that much (was there a back injury as well?), or that it would interfere with marital relations (of course I'm assuming there)...this is FAR FAR from a slam dunk. There's a fair amount of assumption of risk when signing up to train with the police force as well, and this exercise in particular seemed clearly risky. If OP can find a lawyer who will take the case on contingency, then there is probably something to it, but without a lawyer, there is DEFINITELY no case.

[bonitankae]

He fell off a 300 foot cliff line nearly to his death if he did not manage to grab on to the trees embeded in the cliff line (rocks and ocean water at the bottom), he would of never survived. He is not able to ever run again, this means he cannot perform his full duties as a police officer (14 years service) and he is also a national guardsmen (18 years service) he has been placed on profile until he reaches his retirement in 3 years with the NG, because of this injury he will not be able to progress in his careers...his MOS is infantry. We have 4 children and he walks with a limp and he cannot hike, climb or run. So it has affected his ability to physically interact with the kids. We do not qualify for any public assistance. I was forced to quit work to care for him for 7 months causing us to fall behind on all our debts, now we are left to file bankruptcy. Keep in mind he just returned from a 18 month deployment 7/08 so this has been a major stressor for the whole family. We lost our house and cars and now we are renting a 2 bedroom apt. we are so devasted. This seems so unfair...especially to the futures of our children.

[tranquility]

I'm sorry for your loss. Really. But, you have problems only an attorney who reviews the facts and with special expertise in such matters can advise you. Worker's compensation isn't really a tort system. It's designed to reduce litigation expense for all parties and to make sure employees who are hurt get compensated for out-of-pocket and other hurts quickly. In exchange for this quick and litigation-free compensation, certain rights are given up by the injured party. Some of this may be true here.

Also, nothing you posted so far leads to a "loss of consortium" claim. While I'm sure you could plead some facts which could lead to one, you haven't focused on those things as yet.

You also have a problem in the actual negligence issue. (At least from the facts given.) Again, while there can be fact plead giving rise to negligence, husband has some duties here as well.

Worker's compensation? Certainly. Other torts? Very high hill which you have not alleged anything indicating liability of individuals (don't really think about "government") who did wrong.

See an attorney. It should be free to determine if you can move forward or not.