Injured at work..

[sunni]

You are correct, my boss does cut costs and safety for profits and like to do quantity not quality work, Also i do know i don't wanna work here forever, its just that im getting payed alright, and work with buddys so its a sweet gig 1/2 the time, the other 1/2 is spent doing bs like wheeling yourself on scaffolds and using lifts without harnesses lol. Fuck i don't know what to do, although you guys have helped.

i think youre pretty SOL generally workers comp will advocate for you if an accident happens but only if all the right procedures are done in place . youre 19 welcome to the real world you full well knowingly got onto that scaffolding and knew it wasnt safe so they will most likely dismiss your case i suggest you find a new job no one needs money badly enough their risk their life for it

 

[cloned]

report it to WCB. This could turn into long term problems. I know, my back is fucked from an injury from 20 years ago. Thought it would get better... never did. You know your body. If its muscle, it will get better. If its skeletal it might not.

 

[pabloesqobar]

i think youre pretty SOL generally workers comp will advocate for you if an accident happens but only if all the right procedures are done in place . youre 19 welcome to the real world you full well knowingly got onto that scaffolding and knew it wasnt safe so they will most likely dismiss your case i suggest you find a new job no one needs money badly enough their risk their life for it

Respectfully, this is incorrect - unless Canada has some extremely harsh laws very different to those in the U.S. (OP, this was Canada, correct?) Do you have a link or citation for that assertion?

Get to an attorney who specializes in workers comp injuries, ASAP. You definitely have a claim. And your employer is guilty of workers comp fraud.

The only issue is whether you were injured during the course and scope of your employment - which you were. That's it. You have a claim that could be worth tens of thousands of dollars, and possibly a lifetime of free healthcare coming your way. You have no idea how severe this kind of injury is, or what lasting effects it could have. You may be permanently disabled, even if to a minor degree. Fortunately, the statute of limitations will probably not run for awhile yet, as far as making a workers comp claim. In California, it is one (1) year.

Please, seek the advise of a competent workers comp attorney. Best of luck to you.

 

[Sk306]

I agree.
a drug test won't help them as far as this incident goes cause that is supposed to happen immediately afterwards. who's to say you didn't smoke after the fact?
And Unless you were required to complete a safety course on scaffolding assembly & safety requirements then I believe they are responsible for insuring the equipment is assembled right, safe and properly used.
Scaffolds are not meant to be skated. you are supposed to dismount each time,before moving, & they should have been supervising that. The wheels are also supposed to be fastened so this doesn't happen. Harnesses are also required above certain heights in most cases. But When you are certified in use and safety I think most of the liability is transferred to you.

Ahhh well this may be where my boss has failed because i have never been taught/told/instructed on how to do anything safety related. So the liability of me correctly using the scaffolding would fall to my boss or supervisor? Yes, I am in Canada, Saskatchewan specifically.

 

[curious2garden]

........snip...........I was taking down the track head lighting, and having to "wheel" myself along by shifting my weight back and forth. After about 15 minutes of working and moving with no problem, I was moving onto the next light and the wheel had fallen out of the back right leg of the scaffold. As you can imagine i tipped back that way, lost my balance and fell onto a hard tile floor, ....snip....

Why did you get onto scaffolding that had a wheel with a tendency to fall out? What is the correct procedure for moving scaffolding?

You are very young and this injury, though not much now, could rear it's ugly head years from now. I would do this according to Hoyle (ie follow the rules). I'd file workmen's compensation (and start looking for another job), at which I'd no longer climb on rickety scaffolding. Do not use unsafe equipment (no matter what), you may save yourself in the future.

I'm sorry you fell. Back pain is terrible. One thing you can do to help the healing is to alternate between a heating pad and an ice pack for 20 minutes each keep alternating 20 minutes heat/20 minutes cold. This creates a vascular and lymph pumping action and will help reduce the inflammation.

 

[sunni]

Respectfully, this is incorrect - unless Canada has some extremely harsh laws very different to those in the U.S. (OP, this was Canada, correct?) Do you have a link or citation for that assertion?

Get to an attorney who specializes in workers comp injuries, ASAP. You definitely have a claim. And your employer is guilty of workers comp fraud.

The only issue is whether you were injured during the course and scope of your employment - which you were. That's it. You have a claim that could be worth tens of thousands of dollars, and possibly a lifetime of free healthcare coming your way. You have no idea how severe this kind of injury is, or what lasting effects it could have. You may be permanently disabled, even if to a minor degree. Fortunately, the statute of limitations will probably not run for awhile yet, as far as making a workers comp claim. In California, it is one (1) year.

Please, seek the advise of a competent workers comp attorney. Best of luck to you.

last i checked anything to do with free money they will work at any expense not to give it to you, you may be correct but from my understand its OP's own fault for "scooting" himself without a harness and the reason he fell is basically his own fault

 

[toejoe]

First, I think a drug test must be given within a certain time frame. Second, a injury report should be written,a paper trail, in case of future problems. Also, does this employer have a safety program? Has he or someone trained or shown proper set up procedures? It's is not your fault,he's libel, bottom line. Now if he has a training program, he's still responsible for bills related. To collect on workers comp,I think you have to be out a certain amount of time,week or two? Protect yourself, see how he reacts to a injury report,if negative,well document it, document everything,buy a cheap log book, where pages can't be removed or replaced. Months from now or even a year from now,you could tweak that old spot, worse, he will say I know nothing. Does he even have workmans comp? That's bullshit, rate goes up, based on how many employees and job hazards etc. Paper trail is needed. Protect your self, he's probably worried, with no safety program,belts proper shoes, etc. Write a injury report and make a copy and give it to him, now!

 

[Me & My friend]

Ahhh well this may be where my boss has failed because i have never been taught/told/instructed on how to do anything safety related. So the liability of me correctly using the scaffolding would fall to my boss or supervisor? Yes, I am in Canada, Saskatchewan specifically.

Yes I believe so. Safety is a major part of supervision.

 

[Sk306]

Why did you get onto scaffolding that had a wheel with a tendency to fall out? What is the correct procedure for moving scaffolding?

You are very young and this injury, though not much now, could rear it's ugly head years from now. I would do this according to Hoyle (ie follow the rules). I'd file workmen's compensation (and start looking for another job), at which I'd no longer climb on rickety scaffolding. Do not use unsafe equipment (no matter what), you may save yourself in the future.

I'm sorry you fell. Back pain is terrible. One thing you can do to help the healing is to alternate between a heating pad and an ice pack for 20 minutes each keep alternating 20 minutes heat/20 minutes cold. This creates a vascular and lymph pumping action and will help reduce the inflammation.

As far as I had known the wheel was safe aslong as there was pressure on the scaffold, and I was never told by my employer the proper procedure to move the scaffold, but that is how we had done it previously. Also sunni, you are correct i believe about it would be a fight to get the money but i have no doubt in my mind i'd win the wcb claim, seeing as my employer never provided any harness for scaffolding EVER, and even if i had been wearing, the scaffold fell completely sideways. IMO I was partially at fault, for not refusing to do something that may have been unsafe, but my employer was much more at fault for faulty equipment, lack of equipment, lack of proper training, and lack of supervision. Thank you for the tip curious i'll have to try that as it is still inflamed.

 

[sunni]

As far as I had known the wheel was safe aslong as there was pressure on the scaffold, and I was never told by my employer the proper procedure to move the scaffold, but that is how we had done it previously. Also sunni, you are correct i believe about it would be a fight to get the money but i have no doubt in my mind i'd win the wcb claim, seeing as my employer never provided any harness for scaffolding EVER, and even if i had been wearing, the scaffold fell completely sideways. IMO I was partially at fault, for not refusing to do something that may have been unsafe, but my employer was much more at fault for faulty equipment, lack of equipment, lack of proper training, and lack of supervision. Thank you for the tip curious i'll have to try that as it is still inflamed.

either way you seemed to have learned a lesson , you should always ask for proper training and if something feels unsafe dont do it , i work particually in a lot of a chemicals and sharp objects and safety is always my number 1 priority

 

[tellno1]

Here in Ontario ... you have to claim ... but you also have to take the light duty. If the injury doesnt heal ... you still have the claim to fall back on. If the doc says you can do light duty .. and the employer will accomodate you .. you have to take it or your claim is automatically denyed.

 

[toejoe]

Also, if he's negative, and threatens you over an injury report, seek free advice from a lawyer,as stated before. Advice is free. Most times these lawyers will only take serious injuries,to sue your empolyers insurance company,called compensation,not sue. but they will give free advice, no need to tell boss you're seeing a lawyer. Your boss will make promises, this is a sign, he's lying. Just start a paper trail, remember your medical dates and keep all medical related paper work, important. Log it. Don't depend on your memory, court if needed will ask how do you remember this. workman comp courts are for the employers,as far as I'm concern insurance companies influence these people.

 

[Sk306]

Here in Ontario ... you have to claim ... but you also have to take the light duty. If the injury doesnt heal ... you still have the claim to fall back on. If the doc says you can do light duty .. and the employer will accomodate you .. you have to take it or your claim is automatically denyed.

Do you know where i'd find information like that for saskatchewan? I've been scowering the wcb, workrights.ca and any website that comes up on a search and haven't found anything like that here. That would be my ideal solution is to make a claim, and return to light duty... the problem with making a claim is since my boss has asked me not to, i don't think my job would be too pleasant afterwards, and I have no proof that he asked me not to yet.. only verbally over the phone.

 

[toejoe]

It is the employers responsibility to properly train his employees, bottom line, to provide proper training whether by films,books hands on training, its the employers responsibility, don't EVER let someone tell you any different. Was there even a so called safety tailgate talk first thing in the morning, where foreman explains what is going to be done and how, and the right procedures, no, then everyone signs, stating they understand, suppose to be done every day, anywhere to 1 minute to several minute safety talk in the morning. Look out for yourself man, seek free legal advice, it's free.

 

[tellno1]

like what .. a claim form? it should be right on the wcb website .. wcbsask.com ... but as far as your boss saying dont make the claim .. if its not in writing you got nothin. By law you have to make the claim .. if you dont.. its your loss with no money if it gets worse.
But you also have to weigh in the job you already have and lookin for another ..and you will have a claim against you .. will another employer hold it against you? naa that wouldnt happen would it?

 

[toejoe]

Has anyone taught or shown you how to put a harness on, again, "anyone"? Was the scaffoldling inspected by a responsible person before getting onto? This sounds like 200% employer negeligence, inproper training and more. Go on ,write your own accident report if he doesn't have official one, this is not a workman comp paperwork, thats different, see his reaction, this just states an incident happen and a injury happened on such date and time and medical help was seeked.

 

[Dannoo93]

Ya i work in a print shop and im pretty sure my boss know we all smoke but when i get hurt on one of the machines i just tough it out...ive got my arm cought in the press while cycling ive gotten chemical burns from the screen cleaning stuff,cut my finger open many times...but.ehh they will piss test 100% if you file a claim

 

[Sk306]

like what .. a claim form? it should be right on the wcb website .. wcbsask.com ... but as far as your boss saying dont make the claim .. if its not in writing you got nothin. By law you have to make the claim .. if you dont.. its your loss with no money if it gets worse.
But you also have to weigh in the job you already have and lookin for another ..and you will have a claim against you .. will another employer hold it against you? naa that wouldnt happen would it?

Like the proper procedure and timeline in which the claim must be made. I found the guidelines for what an employee is supposed to do, but nothing on a timeline or anything of the sort. Also my boss offered to pay me what WCB does and just put it on my cheque... If i were to say wait for my cheque, then file a claim, would I not have proof that he had asked me not to claim seeing as he didn't and paid me for time I wasn't able to work? I told the doctor it was work related, how it happened ect, so that is all logged on paper by a doctor when it happened and how. Sorry if this is confusing, but i'm just trying to figure out all i can before i talk to him tomorrow. And toejoe, we have never had a meeting about safety, or how we will do things. Just are told what to do and thats it not how. Also I'm in Canada, and not worried about any drug test.

 

[tellno1]

if you told the doc and he filled out a form and you dont claim within a few days .. your claim will be denied. But that is in ontario .. not sure about sask, but be assured the doc will be fileing within a week so he gets paid.

 

[Sk306]

Well fuck me this is confusing, Alright well thanks alot for all the advice, i think ill probably call an attorney tomorrow and see what they have to say, also wcb and see what they have to say about timelines.