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Damage from hitting curb on company property

Discussion in 'Auto Accidents, Injuries' started by ohawken18, Dec 16, 2019.

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  1. mightymoose

    mightymoose Moderator

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    OSHA has nothing to do with the way you drive your personal vehicle. This won't result in getting the repair paid for.
    The most likely result is that you start the new year looking for new employment.
     
  2. cbg

    cbg Super Moderator

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    You just keep right on thinking that OSHA is going to require your employer to reimburse you.
     
  3. zddoodah

    zddoodah Well-Known Member

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    Situation at Job

    Does your employer own this property or does lease the property from someone else?

    You are responsible for repairs to your car until and unless one of the following happens: (1) a court declares someone else is responsible; or (2) someone else voluntarily accepts responsibility.

    If you're asking for a prediction of how things would turn out if you sued, we have no way of intelligently assessing it. You may have an argument that your employer (or whoever owns the parking lot) was negligent, but your employer would have an argument that your loss of control is prima facie evidence that you were driving too fast for conditions. In other words, there are arguments that cut both ways.

    When you spoke with your supervisor or the facilities manager at your employer about getting some compensation for the alleged damage, what response did you get?

    OSHA is not a charity and certainly is not going to compensate you for anything. I also seriously doubt OSHA imposes any requirement for an employer to maintain the parking lot in a particular way (and a parking lot is certainly not a "working walk surface").

    In the abstract, virtually anything is possible.

    All you attached was two photos: one of the entrance to the lot and one of the lot itself. Neither is particularly probative of anything.

    Unlikely, and doing this is likely to be damaging to your career with this employer.

    I'm curious to know how many negligence cases you've litigated such that you believe you have the necessary expertise to opine about something like this.


    Situation with tire installation

    How should we know? All we have is a three sentence statement from you about what happened, and one of those sentences works against you. We have no idea what the tire installer would say in testimony, and we haven't seen the video evidence.
     
    sandyeggo and Zigner like this.
  4. Brian J. Kendrick

    Brian J. Kendrick New Member

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    Alright. Well I’ll just file with osha and the city anyway. At least they’ll be fined good and plenty. I’m legit confused. So if you fall at work and value your job you shouldn’t claim workers comp too?
     
  5. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    This isn't a workers' comp issue that has a completely different set of laws. Like you have already been told this is not an OSHA issue. And I doubt the city will care. So your job may be on the line and your employer will not be fined for this.
     
  6. justblue

    justblue Well-Known Member

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    psst!....PayrollHRGuy!! Brian J isn't the OP...he is a hijacker. ;)
     
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