accident today

[Taylortractornut]

My friends employer has a safety cscreening company do his tests. The records for the zanx popper had passed all of them. The zanexer called the employer wanting his job back or he says he will sue because he did his zanex on personal time lol. My friends employers is a great person to work for he tries to help out all his employees and their families. He is one of the few small companies that has full insurance on its few employees and he takes care of them when one is sick or injured.

The Zanex mans wife got sick last year and he even paid him 2 weeks while he was off letting him pay it back with small amounts of over time. I talked to my friend today and he said his boss was kinda hurt thatthe other employee had failed the company.
My friend says **** be back monday running a loader loading chiken litter. His boss told him to take as much time as he needed off but he wants to come back to work in the morning to run a loader.

My friend doesnt want to sue because it wasnt his bosses responsibility for the accident. He did the responsible thing with the drug testing, and he didnt even know the man was messed up that morning. He thinks the operator did the pills after he was in the tractor. THey both rode to work in the same truck and he was normal. He says he was glad he hadnt bolted the welder down yet or his hand might have been gone. He said the whole time he was thinking about the Browning man on Axe Men that has the messed up hand.

 

[DiskDoctr]

The zanexer called the employer wanting his job back or he says he will sue because he did his zanex on personal time lol.

Okay, gotta weigh in on this one...

Have the employer request the employee make his request along with any explanation in writing. Tell him to "convince me."

If the guy is dumb enough to write out a confession...could certainly save the employer's butt

I'm sure you can infer the next steps

- JC

 

[dcyrilc]

I don't know about Mississippi, but here in Washington, the operator would be subject to criminal prosecution for reckless endangerment and possible jail time. Here, being under the influance of drugs while operating heavy equipment carries the same penalties as when driving. Any accident while under the influance, brings an automatic charge of reckless endangerment.

 

[Taylortractornut]

Dcyrilc I think thats what he s about to do. He said that he will push the issue wit hthe courts. Its something that has to be done regularly because he doesnt have a record in that county he does have one in this one for driving under the influence of a controlled substance.

 

[Coyote machine]

Real sorry to hear about your friend's injury and thankfully it wasn't worse.
His employer is responsible to provide a safe work environment, but is not necessarily directly responsible for a nutball of an employee who would put other employees at risk, especially under the influence of drugs. And since the employer does comply with the law regarding random drug testing, he is looking out for his employees. The fired employee does not have a leg to stand on IMHO. The fired worker should not be able to be brought back- especially if he is in an 'at will' position at his job. At will means he can be fired at any time for anything the boss decides merits kicking his butt to the street. The accident qualifies big time!
Your friend should seek competent legal counsel from a skilled workmen's comp type attorney; especially since it happened on the job. Consulting doesn't necessarily lead to a suit, but it does allow your friend to be brought up to speed regarding sequeli (complications) resulting from an accident that may not show up for years down the road- like having arthritis related to the injury site, as but one example.
Good luck to your friend and urge him top take some time to heal.