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Injured due to earlier incident Negligence, Other Injury

Discussion in 'Accidents, Injuries, Negligence' started by secret_squirrel, Nov 23, 2011.

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  1. secret_squirrel

    secret_squirrel Law Topic Starter New Member

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    Here is the situation, Mr. A leaves for work and meets the rest of his shift at the designated pick-up location. After talking among themselves while waiting for the boss they agree that the boss obviously isn't going to show up and that they are going to have to drive their personal vehicles. After a few hours at work in which Mr. A has had contact with the other employees, a contract welder, and worked side by side with the site supervisor while hooking up a flow line. Mr . A was fine. He is told to do some work between two large engines that are running but the exhaust stacks weren't in place. The engines are outdoors so no one considered that a problem. The exhaust from one of the engines is blowing directly between it and the other engine where Mr. A is working. Beyond this point Mr. A has no memory of what transpired. This was relayed via a coworker; Mr.N. When later asked Mr. N stated that he observed Mr. A wandering around acting peculiar so he decided to see what was going on. Mr. N said that as he approached Mr. A he could see that something was definitely wrong. Mr.N said that Mr.A was stumbling around, shaking, off balance, and mumbling incoherently. Mr. N said the he told Mr. A to go sit down for a while hoping he would shake whatever it was off. After a little bit Mr.N said he looked around but didn't see Mr.A so he went to find him and make sure he was okay. Mr. N said he found Mr. A sitting in the changing room and was surprised he was even conscious due to the fact that the area had been shrubbed down with diesel earlier and the fumes were suffocating. Mr. N told Mr. A that he couldn't sit in there because of the fumes. Mr A stumbled out of the room and toward his car. Mr.N thought that would be ideal, Mr.A could sit in the car out of harms way until his head cleared or whatever passed. Sometime around midnight the shift boss Mr.X showed up. Mr N said Mr.X was pissed off because they hadn't waited on him and made him look bad. The workers showed up on time and Mr.X couldn't blame being late on them as was customary. Mr N said Mr.X was yelling and threatening to fire everyone on the shift. At this time Mr.X apparently noticed Mr.A wasn't around and asked his whereabouts. Mr.N said that he told him something was wrong with Mr.A and that he was sitting in his car, out of the way until he was okay to continue working. The shift boss Mr.X being mad anyway would have none of that. Mr N said that Mr X went to where Mr A was and started yelling something that Mr.N couldn't quite make out. Mr.N said that Mr.X left and went back to the car a couple of minutes later at which time Mr A got out of the car half naked, and almost fell twice as he walked to the drivers side of the car; Mr.X yelling at him the entire time. Mr.N said that as Mr.X walked away from Mr.A he yelled "You need to get the hell off the property."
    Mr.N said Mr.A drove off a couple of minutes later. Mr N said he thought, "Holy Shit, he has no idea whats going on and can barley even stand and you let him behind the wheel of a car and tell him he has to leave You know he's going to wreck that car" Apparently after Mr.X cooled off a bit he realized the gravity of what he had done. Knowing the condition of Mr.A and how treacherous the road was he decided to call Mrs. A to see if Mr.A had made it home.
    He hadn't. The company denied the workers compensation claim saying that Mr.A had quit was not injured on the job site but in fact was in his own vehicle on the way home and had a motor vehicle accident resulting in the injuries he sustained.
    My question is; Isn't the company still responsible considering Mr.A was obviously not in control of his faculties and certainly in no shape to drive but was still told or permitted to get behind the wheel of a vehicle. Considering if something hadn't happened to him on the job site he would not have been sitting in his car, would not have had an altercation with Mr.X wouldn't have been driving on a dangerous road at night, have been completely coherent and wouldn't have had an accident
     
  2. Disabled Vet

    Disabled Vet Well-Known Member

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    A workers comp lawyer will speak with Mr. A for free.
     
  3. disagreeable

    disagreeable Well-Known Member

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    I think Mr A will need to overcome the burden any disorientation he suffered was a result of what you mentioned and not drugs he took on his own.
     
  4. floridalawyer

    floridalawyer Banned

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    I think Florida injury and accident lawyers will definitely help you.....please contact this team.
     
    secret_squirrel likes this.
  5. secret_squirrel

    secret_squirrel Law Topic Starter New Member

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    Is the Office of Injured Employee Council Ombudsman on my side? All she has done is tell me tell me how I'm going to lose and isn't interested in exploring possible defenses. I also asked for the names of the other two people who were there and she said there was no way she could get them.
     
  6. army judge

    army judge Super Moderator

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    This is very simple.
    Walk into any lawyer's office.
    Or, call any lawyer first.
    Advise the lawyer about your case.
    He or she will let you know if you should bend over, walk away, or stand up.
    Your need is too great for an anonymous Internet forum giving general legal information.
    You require specific legal advice.
     
  7. disagreeable

    disagreeable Well-Known Member

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    I am going to try and be nice. I apologize if I come across as snarky. I know from personal experience what it is like to be overcome from exhaust fumes as I almost died, sleeping in a running diesel vehicle. In my case, I started dreaming I could not breath. At the point it became uncomfortable, I reminded myself it was a dream. when that didn't work, I told myself the dream was getting out of control and I needed to wake up enough to take a breath and prove it was just a dream. I opened my eyes and took a deep breath, then realized I was not getting oxygen. I jumped out of the vehicle and spent 5 mins recovering. I jumped back into the vehicle, which had aired out, since I opened the windows, stayed up long enough to make sure the air flow from window to window was bringing oxygen into the vehicle, laid back on the seat and went back to my nap. Your story is BOGUS.
     
  8. Arcrips

    Arcrips Banned

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    What's the latest update of the case? can somebody tell me please?

    Regards,
    Arcrips
     

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