What are the does and the don'ts ?

[sundazed18]

What is the name of your state? New York

Friday morning, my husbands right leg back heel/ankle was ran over by the back tire of a forklift. The person who was driving this was paying attention, turned and did not see my husband behind him, so he proceded to back up.
ATTENTION: The reverse noise on the forklift has not been working in over a year and this company was still using it.

He was taken by ambulance to the ER, where they did an X-ray. He goes in for an Emergency MRI on Monday, they believe that he ruptured his Achilles Heel, which would mean surgery and then physical therapy and at least 6 months out of work.

My hubby and I are both 24 years of age. We have two small children, our youngest being 13 weeks. I work part time nights, and he can't even walk around.

Everyone has told me to not let him sign anything , because if it is what the doctors say that it is, then he won't be able to do the everyday things in life like he used to, that his injury would always give him problems and that I should sue for employers negligence.
I honestly don't know what to do or who to talk to. Can someone offer me any advice?

Sorry its so long...

Jen

 

[pojo2]

DO NOT sign ANYTHING at this point and see a Personal Injury Atty. Not necessarily one with the biggest ads in the phone book.

 

[e3mrk]

Ohio.
#1. The employer is liable for permitting unsafe conditions to exist that caused your husbands injury.I would call O.S.H.A. and inform them of what happened.

#2. Dont sign anything untill you speak with a Lawer that handles workers compensation. You may be able to sue his employer and still get workers comp due to the fact it was a avoidable accident due to employers negligence.

 

[JustDream]

I understand this is a legal board but not everyone needs to consult an attorney right away! People who are out of work are usually strapped for cash and don't want to have to give any to anyone else. First, take care of your husband's injury. If the docs, insurance, and company are paying for everything and treating him fairly then DON't hire an attorney just yet! There shouldn't be anything to sign until your husband reaches MMI and gets an impairment (if any). At that point you could ask an attorney to look over the paperwork to make sure everything was handled correctly and the settlement (if any) is fair. Some state WC systems can also do this for you at no charge.

If the company was negligent this does need to be addressed. Some states are no fault systems and do not allow employees to sue for damages for negligence. If this is the case in Ohio contacting an attorney for company neg wouldn't help you at all. I am not sure about the law in Ohio but the DOL would be able to tell you and it will not cost you a dime! You can also file a complaint with OSHA. They will investigate and if there is any negligence the company will get a nice little fine and have a certain amount of time to correct the problem. When you file a complaint with OSHA it is confidential. They do not tell the company who filed the complaint.

Good Luck!