Tool box damaged due to transfer

[Shaigh77]

Jurisdiction

Colorado

I had to transfer to another division inside the company. My agreement to that was they had to help move my tool boxs. While we were loading the tool boxs. Shop forman was operating the forklift, due to him being certified by the company, and as he was moving the fork lift he dropped my 24k tool box on its face. The company got the insurance involved and said that they will not cover it due to my needing to insure my box. But wouldn't it be the companies fault due to the forman loading the box and being certified. He also loaded it different then I instructed and only took his statement and not mine. Some advice would help please.

 

[adjusterjack]

Somebody's misunderstanding something. The shop foreman was negligent. The employer is responsible for the negligence of its employee. The company's insurance should be paying under its liability insurance.

If you can't get that to happen you will have to sue your company for the damage to the tool box.

The company's liability for negligence shouldn't rely on whether or not you had insurance. If you had insurance and your own company paid, it would seek reimbursement from the negligent party.

The only exception that I can think of is if you signed some sort of tool damage waiver when you went to work for the company.

 

[Shaigh77]

They do say they are not held responsible for tool box or tools and that we have to have insurance but I only got it from word not paper that I signed

 

[adjusterjack]

They do say they are not held responsible for tool box or tools and that we have to have insurance but I only got it from word not paper that I signed

The company should still be responsible for the negligence of its employees.

Your choice now is either bear the loss yourself or sue for the damage.

Is the box still usable? Is it repairable? How much will it cost to fix? You'll have to determine all that and whether it's worth risking your job over it.

 

[Shaigh77]

The box works but is completely done for. I had it inspected by the dealer and structural is done and warranty is no longer available due to the damage. The box new is 24k and I'm totally willing to sue them

 

[adjusterjack]

The box works but is completely done for

If the drawers open and close and you can figure out how to lock up the box somehow is what I meant by usable.

I'm totally willing to sue them

Well $24K isn't something you can do in small claims court so you might have to pay a lawyer to handle it. Filing a lawsuit in regular court is complicated and you could easily lose on a technicality so I suggest you interview a couple of lawyers and review your options.

 

[Shaigh77]

Do you know any one that you recommend possibly pro bono

 

[army judge]

Do you know any one that you recommend possibly pro bono

Very few lawyers will get involved in pro bono work over a toolbox.
However, look around your county, start asking so you'll quickly learn the truth.

 

[Highwayman]

Do you know any one that you recommend possibly pro bono

I think you'd stand a better chance of getting Sonny Bono to help.

 

[adjusterjack]

I think you'd stand a better chance of getting Sonny Bono to help.

I'm getting old. I actually had to think about that for a moment. Ha Ha.