Two herniated disks while working for a client, would you sue them?
I own a painting and cleaning business. In late June, I was painting a colonial style house, where you walk in, the ceiling is 2 stories high and there is a stair case. I was near the front door working. The front door was locked. There was a do not enter sign on the door. All residents were told not to use the front door until I was done working. The husband opened the front door and banged into the ladder. I fell. I landed on my feet, then my butt. My feet were about 14' from the floor at the time. It hurt a lot. No broken bones. Sprained my arm, as I hit the stairs on the way down, landed on my feet. The worst was my back. Turns out I herniated two disks.
I am 55. I've worked blue color jobs my whole life. Its not like my back was in perfect condition before the fall.
They gave me a cortisone shot. That helped quite a bit. I took a week off, the client paid me $800 (my average week's earnings) out of pocket. Their insurance covered my medical bills. I returned to work a week later and finished the painting.
Now the cortisone shot is not working. I used to take two 200 mg ibuprofen per day, now I take 4 plus a regular strength 325 mg acetaminophen every day. I could probably take more, but I don't want too much. I think they should pay for the cortisone shot or run it through their insurance.
Has this hurt my ability to work? A little. I have made less money because I take less strenuous jobs. That could be because of the injury, but you could also say aging or a weakening local economy. I want to be fair with them and me. I don't fully know how much I've lost as a direct result of this accident, but I have and will continue to lose something.
- yLv 710 months agoFavourite answer
Do not play nice, especially if there is no official medical history of the back issues. At your age, once they get nailed, it is really difficult to come back from. The best way to protect the disk is muscle mass around them. When we lose muscle at this age from hanging around, due to injury and such. It is damn near impossible to rebuild it, which means you'll entire a cycle. Feeling decent enough and building it, then hurting it again and losing all the gains. Slowly, over years, you'll get worse and worse and worse. no relief in sight.
- SlickterpLv 710 months ago
I sure would, they were negligent.
- JudithLv 710 months ago
WHERE IS IMPORTANT. Not all State laws are the same. In MY State you can get, as a rider to your homeowners insurance, insurance which pays for injuries to “casual employees” (employees who are not permanent employees) in a home. I have that rider, and I paid extra for a higher limit. My insurance also covers pain and suffering and permanent loss of the ability to “work in the same or a similar field.”
In MY State OSHA gets involved in on the job injuries, INCLUDING those that occur in private homes. The last accident I saw involved a man painting the gutters of the house, the ladder tipped, he fell. OSHA required (at that height) that he be “tied down,” which is was not. The homeowners paid under the rider, BUT OSHA fined the homeowners. The homeowners had never read OSHA law, had no idea about the “tie down” requirement. That ignorance did not make them less responsible for the injuries.
If the homeowner is not present and the worker is injured, the homeowner is still liable under the requirement that the homeowner maintain a safe working environment.
The condition of your back PRIOR to the injury is rather immaterial. The loss is going to be that you could work then and you can’t work now.
YOU can file a claim against their homeowners’ insurance. How? You send them a certified letter, receipt requested, and advise them to turn the accident over to their homeowners’ insurance company. You can retain an attorney at this point or not retain an attorney at this point. It’s your choice.
Cortisone doesn’t work forever, and in certain instances it causes bones to become brittle or erode. I injured my foot, three cortisone shots later a bone in my foot shattered (didn’t break; it shattered) and the Surgeon ranted against the Doctor who give me the injections.
You are ENTITLED BY LAW to recover for pain and suffering and lost income. Only you know what that is or what that will be. I would recommend an attorney before you say something which is turned against you (the insurance company will attempt to make the homeowners less responsible) later in the case.
In law, an injured party is “taken the way the party is found.” That means if you already had a bad back and the accident made it worse, your damages are the worsening of the original injury. Obviously if you already had problems this injury would make them worse as opposed to someone who never had the original injury.
But, again, WHERE is very important.
(PS - you write remarkably well. Most questions are written in some form of English, mumble jumble. You will make a VERY good impression on an attorney and a Judge - if this goes that far)
- Anonymous10 months ago
Friend you need to contact a lawyer for wrongful injury! You are damaged on the job site by your employer due to his negligence you definitely have a lawsuit get your money for your paycheck and at the same time contact a lawyer and start a lawsuit against this person you had a sign on the door! Your employer negligently disobeyed the sign resulting in your injury you're entitled to financial compensation pain and suffering. Contact a good personal injury attorney and get that compensation your employer that owns the property has homeowners insurance. With liability goes up to about $100,000 get yourself a lawyer and let your lawyer go after that insurance don't set there and play like nothing happened get a lawyer something did happen your employer deliberately harmed you!
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- A HunchLv 710 months ago
You are going to have a tough sale that you did not already have the disks problem. You were already taking an excessive amount of OTC pain killers on a daily basis.
Are you an unlicensed contractor? Why did their insurance pay instead of workers comp?
- I can see that their insurance may be involved, with your insurance company. But why were they involved with you?
- Why did these home owners allow you back on the premises to finish the job? craziness...
- SfancikLv 610 months ago
Aren't you covered by workers compensation in your state? I'm assuming this occurred in the US?
- VAALv 410 months ago
Did you sign anything releasing them from further liability? No? Talk to an attorney.