| 30psi_on4banger |
As you guys know I work road construction, I am a roller operator for a paving crew. On November 6, 14 hours into the shift we were almost finished for the night when we heard that one of the guys got his rubber( a type of roller) hung up on a curb. We attempted sledge hammering the curb, pushing with a bob cat and I was instructed to pull up in front of the equipment that was stuck. My boss then proceeded to get a nylon tie down strap out of his truck and hooked it up to my machine and the rubber.
I asked my boss what the maximum rating is for the strap he ignored the question and I asked if we could use the bob cat and figure out another way of getting out, he said "there's no f'ing way this is our only chance now get on your roller and pull it out!"
During all of this I must have been hooked up for about ten minutes and I was telling other co-workers that it was going to snap because it was not rated for the equipment which must have been about 30,ooo pounds.
Anyways I got on the roller, as told and I revved up and proceeded to put tension on the strap. I gave it more gas and all I heard was a huge bang and saw a buckle through the darkness at which honestly must have been going about 300 miles an hour. It struck the inner part of my hand right at my thumb and shattered it in 2 places.
I went to the hospital obviously, rushed by a co-worker and was x-rayed and found out that it was fractured in 2 different places and was wedged out of place. That night I spent in the hospital, hooked up to several contraptions to monitor me. The next day(yesterday) I had surgery and they put a steel plate in and I am now out of commission for 6-8 weeks including physio. They are obviously giving me paid leave(wcb) but I am wondering if I should take any legal action, or is there nothing I can do.
They know they are at fault because my supervisor has been suspended for lack of leadership in safety, basically taking care of his crew.
Anyways what do you guys think? Let me know, thanks very much. |
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| Invalid Zero |
| I don't know if there's much you can do. You have the right to refuse unsafe work, yet you proceeded even though you were not comfortable with it. |
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| Prudz_lude |
| ARE YOU KIDDING!! hire a lawyer and get a chunk of money out of this. You now have a metal plate in your thumb for life and will develope arthuritis down the road. |
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| 30psi_on4banger |
| true but the safety officer said he doesnt blame me cause he has 40 years in construction and most of the time u trust someone like that, i guess, it was pressured.. keep the comments coming , thanks bro |
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| Prudz_lude |
| exactly. You asked him if it was safe because you had doubts, he assured you and ignored what you had to say. As a result you are not injured and will suffer throughout the rest of your life for his pour choice. I say call a lawyer. Its not like you won't be able to get a new job if you quit this company. |
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| 2ndgenlude |
| ya, i would be right pissed off. he assured you it was safe, even when you questioned him. |
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| 30psi_on4banger |
Iphoned a few and they said let wcb take care of it for now but if i feel used or not getting enough out of it , contact them..
One said pay 300 bucks upfront and he'll let me knowif i have a case lol
we'll i have like 2 years to file, here i am freaking out in 3 days... |
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| GQsmooth |
| Off topic, but does wcb pay you the same as your actually wage? Or is it like EI? (A certain percentage of what you make) |
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| 30psi_on4banger |
| 90 percent tax free |
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| joker |
| Im pretty sure once you are on WCB you basically waive the right to sue. Not 100% sure though |
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| EK9Hatch |
quote:
Originally posted by Prudz_lude
ARE YOU KIDDING!! hire a lawyer and get a chunk of money out of this. You now have a metal plate in your thumb for life and will develope arthuritis down the road.
A lawyer is going to be able to do nothing for him.
Here's the thing...
You asked if it was safe and even though you didn't get a answer, you went ahead and did it anyways. This alone leaves you 100% at fault. If you didn't feel it was safe (which you didn't) you should not have done it...plain and simple. You have the RIGHT to refuse unsafe work, which means even though your boss wanted you to do it, you would NOT be fired if you didn't do it.
Sorry to hear this bro, but you did it to yourself. You are responsible for you. I would NEVER put my safety in the hands of anyone else....no one.
Good luck with your recovery and take it as a lesion learned.
Jamie |
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| 30psi_on4banger |
| pros and cons i guess |
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| Prudz_lude |
exactly. ^ what your forgetting is you can argue that he is your boss the one you look up to and he is the one that you are suppose to be able to trust. He is only a labourer (not trying to be mean) so he as seen as the one who gets guided. Although he asked if its safe because he felt it was unsafe his boss insisted it was and that he do what he is told.
The company punishing the supervisour also shows that they believe he was at fault which technically makes the company at fault because they hired someone who obviously can not make the right calls for his staff.
I say get a lawyer still. |
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| EK9Hatch |
quote:
Originally posted by Prudz_lude
exactly. ^ what your forgetting is you can argue that he is your boss the one you look up to and he is the one that you are suppose to be able to trust. He is only a labourer (not trying to be mean) so he as seen as the one who gets guided. Although he asked if its safe because he felt it was unsafe his boss insisted it was and that he do what he is told.
But what you are failing to see, is that ultimately you are responsible for yourself.
Regardless if his supervisor said its safe or not (which from what I read, he said neither...just ignored the question) its up to you to refuse unsafe work.
Spending large amounts of money for a lawyer with a case that wouldn't hold up in court is a HUGE waste imo.
Like I said before...live in learn.
Jamie |
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| Orzel_pl |
Speak to a Lawyer. You dont have to spend "Huge amounts of money on a case that wont hold up". This is what initial client meetings are for, you describe the situation and the lawyer makes the choice of representing you or not if they think the case will stick. Seek a Lawyer, consultation is a small price to pay.
Someone else on this site has said it before, DO NOT SEEK legal advice on 780tuners. |
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| Tech2 |
quote:
Originally posted by EK9Hatch
But what you are failing to see, is that ultimately you are responsible for yourself.
Regardless if his supervisor said its safe or not (which from what I read, he said neither...just ignored the question) its up to you to refuse unsafe work.
True enough. You only have one body, one life, and when it's messed up or gone it's you who looses, so be damn sure to look out for it.
Having said that, the supervisors, safety guys, and companies also have a responsibility for their workers' safety. Just because someone gets hurt from doing or not doing something doesn't remove all liability from other parties. That's like saying it's your fault for getting rear ended in a car accident because it was you who was stopping at the light; ie, you were "ultimately" responsible for yourself. In the past people had to work in unsafe conditions, with the ultimate responsibility for safety resting on the individual. If you didn't want to work under those conditions then fine, but leave all company gear when you go home to look for new work. Workers have a right to be provided with a safe working environment.
Of course, this is why we have the workers' compensation board, and why you're getting paid still. As for if you can get more from this situation I can't say, but I'm very interested, so post up after you get legal advice. In other cases people in a position of authority have legal responsibilities to their workers, though I don't know how that applies here. I'd be asking about long term use of the injured hand though, and how it will affect future employment. |
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| ChromeDragon |
| Talking to a few lawyers is free. Give them the straight shit, don't hold back any details. If you haven't already, write down all of the details that you can remember so you have them in the future. |
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| Orzel_pl |
| This thread reminds me of a Trades Fatality I read about 2 years ago. Supervisor got a forklift stuck in the mud and told one of the apprentices on the site to use the forklift to help yank it out. They rigged a chain to the hitch on the truck and the other end to the forklift. The supervisor told the kid to give it tension, he did, the hitch ripped off the truck and hit the kid square in the back of the head, instant death by smashed skull. Be smart. |
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| REDX2NV |
Nonetheless, NEVER USE A NYLON sling, for anything other than it intended use. Nylon is intended for hoisting or strapping and cannot be shockloaded, its like a rubber band pushed past its stretching limit. However, a nylon tow roap can be considered for towing, but its designed for that use.
When towing equipment or pulling out pivot pins on equipment, we only use wire rope slings that are overspec'd for the job. When a wire sling breaks, it doesn't rebound. A wire rope unravels and pulls apart the small stranded wires.
Nevertheless, it doesnt matter how experienced your boss is. This isn't the farm and they can pay for the right materials. Your boss, should be fired. |
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| Prudz_lude |
quote:
Originally posted by EK9Hatch
But what you are failing to see, is that ultimately you are responsible for yourself.
Regardless if his supervisor said its safe or not (which from what I read, he said neither...just ignored the question) its up to you to refuse unsafe work.
Spending large amounts of money for a lawyer with a case that wouldn't hold up in court is a HUGE waste imo.
Like I said before...live in learn.
Jamie
How is that live an learn? Have you wasted large amounts of money in court?
a quote from him
I asked my boss what the maximum rating is for the strap he ignored the question and I asked if we could use the bob cat and figure out another way of getting out, he said "there's no f'ing way this is our only chance now get on your roller and pull it out!"
There you go, he said "get on your roller and pull it out." I would find a lawyer who will do a free assement of the case and then go from there. The odds are in your favour.
When i had to hire my lawyer he sat down with me for 40 min, we discussed my case and he then decided to work for me. No charge for that. I should mention he has radio adds on the air all the time (sonic) and all sorts of other advertising. He is no small time lawyer and he still did it for free. |
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| 30psi_on4banger |
does anyone know a lawyer ican contact that knows all aboutwork related injuries and Wcb?
there is more to the story guys i canttype everythingim typing wihone hand. He did also assure me "it'll hold now get up there" it went on for like 10 mins as we watched coworkers sledge the curb...
on wcb website it says u cant sue the company.. www.wcb.ab.ca |
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| chukirps13 |
| If you're going to sue, you have to do it within two years. I'd wait about a year to see how permanent the injuries are going to be before I file a suit though. |
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| 30psi_on4banger |
off wcb site:
3. Protection from Lawsuit
Protection from lawsuit should apply in situations where the activities causing the injury are part of the employer's normal insured activities, based on a reasonable person test, and operate to displace any tort remedy for that injury. |
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| Orzel_pl |
quote:
Originally posted by 30psi_on4banger
does anyone know a lawyer ican contact that knows all aboutwork related injuries and Wcb?
there is more to the story guys i canttype everythingim typing wihone hand. He did also assure me "it'll hold now get up there" it went on for like 10 mins as we watched coworkers sledge the curb...
on wcb website it says u cant sue the company.. www.wcb.ab.ca
If you get workers comp. then you forfiet the right to sue, but still Im by no means a lawyer, call around some law offices in the yellowpages on your time off and just ask the secretaries if they are what you are looking for.
Aswell Alberta Legal Aid website has a hotline you can call and they will direct you to who you need to talk to. |
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| Tech2 |
| Absolutely defiinately follow up on this and keep us posted. Good luck man. |
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| not-boosted |
| if you cant' afford a lawyer you can talk to the student lawyers from the u of a. give the law department there a call . |
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| chukirps13 |
quote:
Originally posted by not-boosted
if you cant' afford a lawyer you can talk to the student lawyers from the u of a. give the law department there a call .
Lol no |
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| the_fornicator |
quote:
Originally posted by EK9Hatch
A lawyer is going to be able to do nothing for him.
Here's the thing...
You asked if it was safe and even though you didn't get a answer, you went ahead and did it anyways. This alone leaves you 100% at fault. If you didn't feel it was safe (which you didn't) you should not have done it...plain and simple. You have the RIGHT to refuse unsafe work, which means even though your boss wanted you to do it, you would NOT be fired if you didn't do it.
Sorry to hear this bro, but you did it to yourself. You are responsible for you. I would NEVER put my safety in the hands of anyone else....no one.
Good luck with your recovery and take it as a lesion learned.
Jamie
Not really. Ever hear of the Zimbardo trials or the Milgram Prison experiment? People have a tendenacy to succumb to authoritative figures. Boss was overbearing and commanded him to do it.
Hinsight is 20/20 and saying all of the above is, well, pretty obvious in the aftermath. His boss wanted to get shit done, he expressed a concern and was pretty much ignored. Wasn't 100% at the time that he was in any danger. He made a judgement call and listened to the authoritative figure.
Not everybody has that A-type personality to be *that* assertive. I know I don't. He did as much as he could (i.e. expressed his opinion). Yeah, he might not get fired for refusing to do something, but they can cut hours, give you some shit jobs, etc. etc. |
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| Prudz_lude |
quote:
Originally posted by 30psi_on4banger
off wcb site:
3. Protection from Lawsuit
Protection from lawsuit should apply in situations where the activities causing the injury are part of the employer's normal insured activities, based on a reasonable person test, and operate to displace any tort remedy for that injury.
Here are a few things to note. You can Always still sue even if a company is protected like that. An example are wavers for skateparks. You sign them and take accountability for yourself yet the parks still get sued everytime and most of the time the kids win. I have seen it a few times.
It also states you can't sue for normal activities. Yours was not normal. |
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| accord90 |
| Don't most lawyers give a 30 min free consultation? |
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| not-boosted |
quote:
Originally posted by chukirps13
Lol no
Why not 3rd and 4th year lawyers . my sis got them to help her with traffic stuff and they got her off. Its free service for people with limited funds who need some one to represent them :dunno: |
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