On duty stroke

D

Deputy John

Guest
Jurisdiction
Kentucky
In June 2012 while on duty as a deputy jailer we had a night critically short handed there was an acting captain, one female deputy and myself. We were down by five deputies and the jailer would not authorize the vacant position to be filled by calling others in. Thus, it created a very stressful and dangerous environment for my crew. That night while on duty I suffered my first stroke BP first read was 222/202 and could not leave until they had someone get there to fill my spot. The acting captain nor anyone could understand me my words were slurred and walking into walls and door facings on my left side.That was the first of multiple strokes which has now caused early onset Alzheimer to begin. My physician believes the initial stroke came from the work condition which I was under. My question is can this jailer be held liable for placing me in the situation which caused my body to react by stroking out due to the unsafe and stressful condition that I was forced to be in.
 
Deputy John said:
That night while on duty I suffered my first stroke BP first read was 222/202 and could not leave until they had someone get there to fill my spot.
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Wrong.

When you are in medical distress you call 911 and head for the nearest exit. Your boss has nothing to say about it.

Deputy John said:
My question is can this jailer be held liable for placing me in the situation which caused my body to react by stroking out due to the unsafe and stressful condition that I was forced to be in.
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1 - Nobody "forced" you into anything. All you had to do was call 911, walk out the door and wait for the paramedics.

2 - Your only recourse against your employer is workers compensation.

If you haven't filed a claim I suggest you do so. If your employer doesn't cooperate you report it to the Kentucky Workers Compensation Board:

Kentucky Labor Cabinet
 
This happened in 2012? MUCH too late to do anything at all, even if you had a cause of action (which you don't).
 
Since this sounds like it was a medical emergency, you should have called 911 short handed or not.
 
Deputy John said:
In June 2012 while on duty as a deputy jailer we had a night critically short handed there was an acting captain, one female deputy and myself. We were down by five deputies and the jailer would not authorize the vacant position to be filled by calling others in. Thus, it created a very stressful and dangerous environment for my crew. That night while on duty I suffered my first stroke BP first read was 222/202 and could not leave until they had someone get there to fill my spot. The acting captain nor anyone could understand me my words were slurred and walking into walls and door facings on my left side.That was the first of multiple strokes which has now caused early onset Alzheimer to begin. My physician believes the initial stroke came from the work condition which I was under. My question is can this jailer be held liable for placing me in the situation which caused my body to react by stroking out due to the unsafe and stressful condition that I was forced to be in.
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See a lawyer, discuss your case with him or her. In fact, see at least three lawyers.

If you were incapacitated, unable to call"911", told to remain at work, maybe there is a remedy.

It could be an administrative one, but seek the advice of at least three KY licensed lawyers.

Once you have done that, deliberate and decide.
 
More than three years after the fact there's going to be proof positive that had his work environment been less stressful he definitely wouldn't have had a stroke? When he's subsequently had several more? Come on.
 
cbg said:
More than three years after the fact there's going to be proof positive that had his work environment been less stressful he definitely wouldn't have had a stroke? When he's subsequently had several more? Come on.
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I'm not suggesting that he has a case.
Contacting a lawyer about the night he alleges that he was denied the right to call out, while staggering around the jail, if that's true, who knows?

No harm in consulting a licensed lawyer in his state to discuss his concerns.
 
I can only think of two employment laws that might be a factor here, and in both of him he has passed the statute of limitations by a considerable amount. It's not clear that he'd have had a claim under either of them then, but he definitely doesn't now. And I can't think of any laws, other than employment, that would put any liability on his employer. But if he wants to hear it from a lawyer in his state, then he might as well.
 
cbg said:
I can only think of two employment laws that might be a factor here, and in both of him he has passed the statute of limitations by a considerable amount. It's not clear that he'd have had a claim under either of them then, but he definitely doesn't now. And I can't think of any laws, other than employment, that would put any liability on his employer. But if he wants to hear it from a lawyer in his state, then he might as well.
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Many people come here and places like this grasping at any straw.
I don't patronize or lie to anyone.
We surely never sugarcoat our answers.
On some rare occasions I sense a desperation, filled with immense frustration, and something in me just won't let me say no way, no how, not now, not ever.
On rare those occasions, I suggest a visit with a couple of attorneys.
There's something so dispassionate, so removed from this medium that might make unpleasant news more palatable if received in person.
 
While I get what you're saying in the last sentence, I still think telling someone to see a lawyer about the situation they've outlined suggests that they have some recourse, and it's just that much harder to have the rug yanked out from under them in the lawyer's office.
 
cbg said:
While I get what you're saying in the last sentence, I still think telling someone to see a lawyer about the situation they've outlined suggests that they have some recourse, and it's just that much harder to have the rug yanked out from under them in the lawyer's office.
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Yes, life is never easy. It's especially hard when you discover you've got no options except to "take it". That's usually your fault, which makes it harder to take because you've got to"take it" and the blame.

The good news, a consultation with most attorneys is normally offered at no charge or further obligation.

But hey, I'm sure most people know they can see an attorney anyway.
 

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