accident today

[mandylee216]

I agree. He should consult a professional, it's not enough that his medical expense is covered. He should have an injury claim just like what happened to my cousin when he cut his pinkie finger because of machine malfunction.

 

[bstrom]

He told his boss not to worry about being sued just wants it made right....

Your friend may want to re-think that statement. Fortunately, I don't think it has much legal weight.

"made right" can easily mean vastly different things to different people.

At a very minimum, your friend should have all medical expenses covered, full salary while he is recovering and his old position back, with no loss of seniority, when he is healed.

What if there is permanent loss of function?

He really needs to at least consult with a lawyer to see what his rights might be.

I agree, coming back from an injury can be really hard on you and mess up your life in a number of ways. Until you have have been through it you just don't know how it can screw up your life - even a moderate injury. When you are injured by an out of control employee on the job - well, I hate to say it but lawyers are good for some things.

 

[jimmer2880]

Your friend needs to find out if the Xanax driver actually had a prescription for the drug. Also - he should look into pressing charges against the xanax driver, as it comes with a heavy equipment warning.

At the very least, this guy needs to get it through his thick skull that drugs & machinery don't mix.

I'm not a sue happy person, but do believe that individuals need to be held accountable for their actions, and some need to learn the hard way.

Edit: I must say - cudos to the boss for firing the Xanax driver on the spot.

 

[Taylortractornut]

Hes gonna be alright. Just broke 3 bones. He said hed was most scared when he thought of the welder falling off the truck. The fall then chain stopping he said had a mental image of skinning his hand. His boss has already assured him of his job stil lbeing there and seniority and pay plus all the medical will be taken care of. His boss is really family oriented. He got hurt pulp wooding years ago for a shotgun company and he said he knows the feeling of gettin hurt then loosing your job. They do ag spreading spraying and other services so the injury wont really affect him much.

The owner had the operator drug tested before employment and once 5 months ago. And he didnt have a perscription for it. My friends employer fired him on the spot.

I had an accident going to work one morning and hit a truck. I had just been promoted to crane operator and lost 10 weeks of work. I still had my old job but the position had to be filled I did loose the 18.50 an hour wit hthat job and got a bad limp.

 

[jimmyj]

No prescription, on drugs and a phone while operating equipment that another man was working with and depending on him. What a donkey.....

I am very glad your pal is OK and it was not more serious. I must admit reading this got me a bit peeved, what a lack of respect for your friend.

 

[radioman]

I am glad you freind is not more seriously hurt or complete loss of hand.

first off- if the guy was fired, how can he help to make things right ? At very least, he should have been pulled off machinery completely and push papers and answer phones. Having the guy under the boss thumb is good way to torture him, plus ensure he has source of income to pay for your freinds bills to "make things right" firing him will only have a delay or no way of paying the bills.

If the guy keeps zonking out on xanix pushing papers with no remorse then he can be fired. I am only saying this based on what I have read in this forum - I don't know the whole story.

In this economy and recession, we still need to have workers be accountable for what they do, not work for places knowing its a norm for being fired over one thing. It's expensive to fire and hire employees.

 

[sandman2234]

I don't drink or do drugs, and don't agree in babysitting those that do. A person should be accountable for their actions. My CDL says I can't drive until alcohol has been out of my system for 24 hours (NOT 24 hours since I took a drink!!) and since it takes 24 hours to get out of your system, it requires a minimum of 48 hours off since the last driink.
I was rearended by a driver for a small company, who managed to close their doors before I got released to go back to work. Then the company I worked for managed to keep me out, due to a layoff while I was on medical absense. If I had been at work, they would have had to do it reguarding seniority, but it was easier to keep me out then put somebody else on the street. In retrospect, I should have sued, but probably wouldn't have gotten much more than a judgement.
Best of luck to your friend,
David from jax

 

[The Haymaker]

I am glad you freind is not more seriously hurt or complete loss of hand.

first off- if the guy was fired, how can he help to make things right ? At very least, he should have been pulled off machinery completely and push papers and answer phones. Having the guy under the boss thumb is good way to torture him, plus ensure he has source of income to pay for your freinds bills to "make things right" firing him will only have a delay or no way of paying the bills.

If the guy keeps zonking out on xanix pushing papers with no remorse then he can be fired. I am only saying this based on what I have read in this forum - I don't know the whole story.

In this economy and recession, we still need to have workers be accountable for what they do, not work for places knowing its a norm for being fired over one thing. It's expensive to fire and hire employees.

Why should the employer lose even MORE money by employing someone in a "make work" position? The drug head got what he deserved. He could've killed someone, he caused bodily harm, he cost the employer money by upping his insurance costs, paying more wages in OT or added members to the payroll while he waits for the injured to heal and trying to find a less efficient, unseasoned worker to replace the one he fired. On top of all this, he probably is now in the radar of OSHA. IF they show up, the money spending really begins.

In today's economy and job market, any employee who can't take his need for steady employment seriously enough to make sound judgement and obeying of the rules a top priority, should not be surprised to be terminated. ESPECIALLY for breaking a safety related violation.

Kudos to the employer for following procedure and realizing in the insurance driven market, he needed to protect the valued members of his team.

We just lost one of our high production superstars at my workplace because he came up for a random and failed it for marijuana use. He passed 5 years of prior randoms and claims it was a pier pressure deal with some hunting buddies the weekend before. Believe him? Yes. Feel sorry for him? No. It was HIS decision, he knew the rules of the game, and the safety of my team members helps insure that I and the others have a lengthy career.

Translated: Financial security in this tough job market.

Rant mode off.

 

[The Haymaker]

I don't drink or do drugs, and don't agree in babysitting those that do. A person should be accountable for their actions. My CDL says I can't drive until alcohol has been out of my system for 24 hours (NOT 24 hours since I took a drink!!) and since it takes 24 hours to get out of your system, it requires a minimum of 48 hours off since the last driink.

David from jax

You're noble in theory, but being to hard on yourself.

The rules are .02 is 24hours OOS. .04 is loss of CDL (1/2 that of everyone else),

You may not consume alcohol within 4 hours of going on duty. Of course, drinking a fifth of JB 6 hours before duty just might throw you above the permissible BAC.

49CFR 382

Now drugs, those are a different story.

 

[Kernopelli]

He told his boss not to worry about being sued just wants it made right....

Your friend may want to re-think that statement. Fortunately, I don't think it has much legal weight.

"made right" can easily mean vastly different things to different people.

At a very minimum, your friend should have all medical expenses covered, full salary while he is recovering and his old position back, with no loss of seniority, when he is healed.

What if there is permanent loss of function?

He really needs to at least consult with a lawyer to see what his rights might be.

I really appreciate this mans intentions but Dave's advice is certainly valid. I work with a lot of people that fall all over themselves to get one over on our employer and it makes me sick. They look at getting hurt at work like hitting the lottery. On the other side of the coin, you do need to protect your personal interests and legitimate work related injuries should be handled responsibly by the employer. In Illinois, an incident like this would most likely be covered under workers compensation,since it is mandated for most employers to purchase. A fellow employee explained it to me this way recently: It would cover all medical bills and pays 2/3 of the employees salary based on what they made the previous year while they are off work. After it was agreed that no further injury care was needed it would be determined if any degree of permanent disability was incurred to the hand. The Illinois Industrial commission has a set schedule for body parts based on a certain number of weekly salary X % of disability, that would then be paid out as a settlement. For instance, say hypothetically that a hand was worth 100 weeks of salary and there was a 20% disability and you made $1000/wk, you would receive a settlement of 100 X .20 x $1000 = $ 20,000 settlement. At this point, the employer would be relieved of any further liability connected to this injury. Any civil action would be separate from this but if any action was taken and won by the employee, the workers compensation and settlement has to be paid back from any money won through the courts... which is a good deterrent to keep people from "double dipping" on an injury.