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Lost person property in fire

Discussion in 'Workers Compensation' started by Blaine Lynn, Jul 8, 2019.

  1. Blaine Lynn

    Blaine Lynn Law Topic Starter New Member

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    While at work. I was told to drive a piece of equipment that had a known oil leak. And a faulty door latch. While driving I kept my foot in the door to prevent it from closing because of the danger and the heat as it was a summer day. While operating. The machine caught fire. I jumped out of it. Leaving my phone in it. The phone was destroyed. I was told to fill out an expense form. Now I'm being told hes not paying for the phone. Is he liable for the phone?
     
  2. mightymoose

    mightymoose Moderator

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    Let's assume a similar scenario in which the fire is caused by a lightning strike. Do you think the employer should pay for your phone?

    Most cell companies offer insurance protection plans. Did you have this coverage? This is what it is for, among other things.
     
  3. Zigner

    Zigner Well-Known Member

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    Did your phone fall out of your pocket? I mean, it's not like you were using your phone while operating a piece of equipment, right?
     
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  4. Blaine Lynn

    Blaine Lynn Law Topic Starter New Member

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    It was on the console beside me because boss calls frequently. And wouldn't be able to feel or hear in pocket . Had I been using it. It have been in my hand when I jumped out.
     
  5. Zigner

    Zigner Well-Known Member

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    Who cares if the boss called? I mean, it's not like you would have answered while operating the equipment, right?
     
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  6. justblue

    justblue Well-Known Member

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    One would hope not...after all, that equipment was a death trap!
     
  7. Blaine Lynn

    Blaine Lynn Law Topic Starter New Member

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    You are required to shut down equipment and answer if boss calls. One. He requires you to answer. Two. The equipment is too loud to hear. So no. While operating I would not answer. I thought I would get actual quality legal answers to my problems on here. But seems like it's just a bunch of guys leaving smartass answers with no legal experience at all. Try to blame me for what happened. The machine was a death trap. Caught fire with me in it. Lost my property. All i needed to know was if hes liable. But I can see I'm not getting that here.
     
  8. justblue

    justblue Well-Known Member

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    File a small claims suit against your boss.
     
  9. mightymoose

    mightymoose Moderator

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    I will apologize for them... They do that a lot and it is certainly unhelpful and unnecessary.
    How you use the phone is entirely irrelevant and they know it.

    I dunno... Leaking oil doesn't really make it a death trap, but there could have been any number of other issues combined with the heat that together caused the fire. I bet if you really thought it was that unsafe you wouldn't have driven it... You just feel more strongly about it now because you nearly got toasted. Death trap or not, the issue of the phone is the same.

    It would be nice if the employer covered your loss, but I don't believe there is a requirement to. If you didn't have your own insurance on the phone I think you are out of luck.
     
  10. army judge

    army judge Super Moderator

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    Does a surgeon perform surgery on a medical information site?

    Do yourself a favor, make an appointment with a couple local attorneys.

    Most attorneys will meet a prospective client for 30-45 minutes to discuss a legal dilemma.


    Good luck.
     
  11. Zigner

    Zigner Well-Known Member

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    Don't presume to apologize for me. The OP shouldn't have had his cellphone out while operating this dangerous equipment. Period.
     
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  12. mightymoose

    mightymoose Moderator

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    Too late, I already did.
    Your rude comment and demeanor had nothing to do with the issue, and the matter is between the employee and employer.
    Unless it was a motor vehicle on a public roadway it is entirely irrelevant otherwise.
     
  13. Zigner

    Zigner Well-Known Member

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    Is it your contention that operating heavy equipment while using a cellphone is ok?

    The OP should NOT have had his cellphone out. Had the OP's cellphone been where it should have been, the OP's cellphone wouldn't have been destroyed in the fire.

    My point is made, so I'm done here.
     
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  14. mightymoose

    mightymoose Moderator

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    It is my contention that the matter is one of policy for the employer to determine. You don't even know what kind of equipment it was, where it was located, or how it was being used. You inserted your own issue that has nothing to do with what was asked.

    That simply is not for you to decide.

    Again, not for you to decide. If it was ok with the employer then it was ok.

    The only point you made is not the one you probably think you did.
     
  15. zddoodah

    zddoodah Well-Known Member

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    The answer to your question is that nothing you have posted would support a liability claim against your employer.

    And you agreed?

    Huh? You didn't say what sort of "equipment" this was, but an oil leak wouldn't ordinarily present any danger and neither an oil leak nor a "faulty door latch" would present any danger that might be alleviated by you driving with your foot in the door (which I assume means you were driving with the door open and your foot propping it open).

    I disagree. It's absurd to suggest that the OP should not have had his/her phone "on the console beside" him/her. Regardless, it's legally irrelevant.

    First, we don't know what sort of equipment this was, so your assertion that this was heavy equipment may or may not be accurate. Second, no one suggested that operating the equipment while using a phone is ok. Third, there is no indication in any of the OP's posts that he/she was using the phone.

    Where "should [it] have been," and why isn't putting it "on the console" reasonable? And how is any of this in any way legally relevant.
     

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