Do I Have Recourse?

[meshel]

Ohio, while I was working at a local store I was injuried. I sprained my ankle when I fell off a crate in the cooler filling product. We do not have a step ladder to use instead of the crate. I am not the only person who has been injuried this way. He still has not purchased a step stool to use. My question is do I or we ( the ones who have got injuried) have any stand for legal recourse? The worker comp doctor told me I will be off 5-6 weeks for healing.

 

[Beth3]

Do you mean legal recourse to sue for negligence or such? Most likely not. Typically your only recourse is that provided under your State's Worker's Comp reg's which usually bar any civil course of action.

It's a trade off - W.C. reg's make your employer is liable for any injuries/illnesses you sustain in the course of your employment without your having to pursue legal action. In exchange, that is your only recourse.

It's hard to believe your employer is so foolish as to not purchase a $50 step ladder but would rather incur the significant costs of a worker's comp injury. Presumably you could contact OSHA and file a complaint - this might fall under the general duty clause that requires employers to provide for the safety of their employees.

Has anyone actually asked him to PLEASE purchase a step ladder?

 

[meshel]

One woman even put her foot through the crate cutting up her leg and taking her off work for sometime. You would think he would have bought one the first time someone got hurt or really before that common sense would tell ya, but no he won't get one--he'll tell ya stand on a crate an get it.

 

[Beth3]

There's no accouting for the stupidity of some people. It is WAY more expensive for him to experience increases in his W.C. premiums due to these injuries than to buy a stepladder.

You certainly may wish to contact OSHA and inform them about the situation and the injuries and see what they say.

Beyond that, all I can tell you is that maybe the ee's want to chip in and buy a step ladder. Of course you shouldn't have to do that but it's better than breaking a leg or severing an artery.