Hurt in Office Building Lobby - long story :(

[neena1127]

What is the name of your state (only U.S. law)? New York. I was on escalator in work lobby coming up when I felt as if steps sped up but handrails stayed normal. I stepped off, almost propelled forward and despite trying to maintain my balance, I fell to floor. I hit hard with both knees, left foot turned beneath me, arms locked trying to shield my face from floor. I couldn't get up so security officer and passing coworker helped me. I was asked if I wanted an ambulance: while I hurt, I feared for my job if I did go: I was only working this desk for 3 weeks (accident was 8/19/2009), a partner spot, so I asked to be helped to my desk. Out next day in pain, saw my doctor's colleague that weekend. Doctor prescribed muscle relaxers, good for pain, not able to do anything but sleep. So I would be out of work, not an option: I'm over 50, already have COPD and allergies so I fear for my job. Also took months to locate a WC doctor in decent Brooklyn neighborhood that was covered with graffiti or had thugs outside, trying to be smart as I have one daughter who has seizures, blind in right eye w/panic disorder; the other has a congenital heart disease. First doctor would treat my shoulders. I didn't want to be treated forever, I hurt my hands, wrists, arms, shoulders, hips, back, legs and felt demeaned by treatment in 'pieces' but finally found a doctor who treated me as a whole after months of haranguing ins co to help. Also pain management drugs are contraindicated w/COPD meds so I opted for acupuncture which works well with PT. Cut to the chase, ins co cuts off all treatment after IME says I'm in great shape, lied about exam which took start to finish, arrival at door to leaving the door, 6 minutes, 8 seconds. Can't afford acupuncture & physical therapy and I can't stand the pain so I pay myself for acupuncture. Still waiting for WC hearing since they cut off treatment on 6/4/10. About the fall, I saw attorney but got letter saying they wouldn't handle this, with documents stating I only had 90 days to file claim since Battery Park City owns the building. I hadn't even seen a doctor in 90 days from the fall! I need any direction you can offer. My condition is deteriorating where I require help with anything to do with turning my wrists - shower, dishes, grabbing groceries, can't carry anything, shoulder/arm/leg muscle weakness, numbness and pain. All the things I did before can't be done anymore and I gained enormous amount of weight from not being able to get around on my own and exercise. Any guidance appreciated.

 

[Kiawah]

Put the doughnut back, that should help with the weight gain.

For an impartial reader, it seems like an exaggerated string of problems. You tripped getting off the escalator, and have said nothing which points to being caused by anything other than an accident on your part. IME has concluded that you are medically in okay shape, yet you still claim to have pain. Since a local lawyer has indicated to you that he's not interested in the case, that probably should be a pretty good indicator to you that they don't think there are any damages that could be attributed to another party, and that they could win that case.

You can try and find another lawyer to have an initial discussion with, to get a second opinion. Have all of the facts organized.

 

[latigo]

:. . . I was on escalator in work lobby coming up when I felt as if steps sped up but hand rails stayed normal.

What you “felt as if” doesn't mean that what you felt actually happened.

Because it doesn't seem mechanically feasible that the tread boards could ascend or descend at a faster clip than the handrail. If it were possible that the device could malfunction in such a way, Otis, Schindler and Kone and the other manufacturers would be up to their CEOs’ armpits in lawsuits.

Also, if the tread boards were in fact ascending at a quicker rate than the handrail the only way you would know is if you were holding the handrail.

In theory then it would seem that your feet and legs would have been propelled forward and out from under your upper body causing you to fall backward and not forward on to the landing as you describe.

More likely you simply stumbled and fell forward. Perhaps having the outer sole of a shoe resting against the skirt which is stationary.
__________________

Also, what is the significance of your being on an escalator in a “work lobby”?

Is this a work-related injury? Because that is the category you've posted under. Plus you express concern about holding your employment. If the accident were work related, your workcomp benefits would not be affected by the cause of the fall.

 

[justalayman]

I hadn't even seen a doctor in 90 days from the fall!

so, there was no injury great enough to require medical treatment for 3 months from the incident. But yet you said this:

Out next day in pain, saw my doctor's colleague that weekend.

which is it?

I need any direction you can offer

if you believe you have injuries from the fall that require treatment, go to a doctor and if he will confirm that, then find a WC lawyer.

 

[pattytx]

Put the doughnut back, that should help with the weight gain.

Tacky, very tacky.

 

[Mass_Shyster]

I saw attorney but got letter saying they wouldn't handle this, with documents stating I only had 90 days to file claim since Battery Park City owns the building.

You should contact another lawyer. There could be many reasons why the first one didn't want the case.

Documents said you had 90 days from whan to file the claim. If from the fall, your time is up. If from date of letter, you may still have time. You didn't include the date of the letter in the information provided.