Why only workers comp??

[BTMcGinn]

Jurisdiction

California

Every attorney (screeners) I've called automatically sends me to a workers comp. Attorney. I never get pass that I was injured on a job. I didn't want workers comp untill I spoke with an attorney about my case. My accident was caused from pure negligence, possible product liability and the restaurant could see how dangerous it was. In fact the manager has a video that goes to her phone showing my fall. But I cannot get a copy.

All I know from workers comp is I am receiving 75% of what I was making from one job and Nothing for my second job. I have medi-cal insurance. I didn't work just for the money, I worked for the physical activity that kept me healthy and kept my diabetes from getting out of control. And I was an independent contractor. I was the bosses right hand as he was in Washington most of the time. I never heard from him again after the accident.

So because my accident happened on a job, all I get is W. C.? Īf I am an independent contractor, how did I get WC? I am a horticulture specialist, 61 yrs old, suffered a spinal cord injury, facial trauma and lost use of my hands. Workers comp is all I get??

 

[flyingron]

Because WC is pretty much your only option. The problem is that unless you have cash in hand to pay the lawyer, they aren't interested. WC is different that some other actions like Social Security Disability and the like where there is a regulatory reimbursement of attorney fees.

2/3 of your salary is what you are entitled to. The good news, is that you get all that in cash without tax and other deductions.

 

[adjusterjack]

What does your job as a horticultural specialist have to do with a restaurant and products liability?

When you come back, explain where you worked (the type of place, not the name), what your job was, and how the injury occurred.

suffered a spinal cord injury, facial trauma and lost use of my hands.

How?

Īf I am an independent contractor, how did I get WC?

It's possible that your boss included your earnings on his WC policy. That's common in the building trades when a general contractor hires a subcontractor and provides the WC and liability insurance for the subcontractor.

The other possibility is that you were illegally misclassified as an independent contractor (or thought you were) when you were really an employee.

If, indeed, you were covered by WC then WC is, by law, the only recourse against your employer.

Provide a more clear explanation of what happened, where, and how, if you need further conversation.

 

[zddoodah]

I looked through your post for the details of what happened to you but was astounded that you included none. If you want a thorough analysis of your situation, please provide relevant facts.

 

[army judge]

So because my accident happened on a job, all I get is W. C.?

Yes, WC is what employees usually receive if injured while performing their various duties pursuant to their employment.

All I know from workers comp is I am receiving 75% of what I was making from one job and Nothing for my second job.

You weren't injured on your 2nd job. You appear to have been injured on your 1st job.

That said, under what legal theory would your 2nd employer be responsible for injuries you allege to have suffered while performing duties for employer one?

Īf I am an independent contractor, how did I get WC?

If you desire an answer to that question, ask the funding source for the state agency dispensing your WC payments.

I am a horticulture specialist, 61 yrs old, suffered a spinal cord injury, facial trauma and lost use of my hands. Workers comp is all I get??

Something is better than nothing, plus you were injured, not killed. Had you been killed, you'd still be receiving nothing.

You haven't YET assumed room temperature. Therefore, you'll still be able to one day in the future, perhaps, return to the land of those desirous of pursuing gainful employment, rather than accepting WC "transfer payments".

 

[BTMcGinn]

Hi. Thank you. My job is to provide care and maintenance of interior plants and meet with new clientele drawing up diagrams, purchasing new plants and install. I was at a new account which was a restaurant. There are two walls with plants in brackets with the highest plant at over 20ft. I had asked my boss to place replicas instead of live plants as they look real and would eliminate the danger of climbing a ladder holding a water bucket trying to water the plants since he would not provide a helper to secure the ladder. At the time of my accident, I was trying to come up with a solution. I purchased an unusual ladder that has buttons that expanded and retracted to make it compact and small enough to fit in my car vs. trying to navigate an A frame 20ft ladder throughout the restaurant to the patio area. This ladder was in the restaurant dock and required the help of security to help me get it to the second floor. This also required me to pull iron tables with glass tops away from the wall far enough to open the ladder. The new ladder propped against the wall. I'm not sure if the ladder shifted on one side or if water caused it to slip or if I improperly placed it. But the ladder slipped out from below causing me to land face first. I ended up with severe facial trauma, a fractured nose, a spinal cord injury loosing the use of my hands and broken teeth.

What does your job as a horticultural specialist have to do with a restaurant and products liability?

When you come back, explain where you worked (the type of place, not the name), what your job was, and how the injury occurred.



How?



It's possible that your boss included your earnings on his WC policy. That's common in the building trades when a general contractor hires a subcontractor and provides the WC and liability insurance for the subcontractor.

The other possibility is that you were illegally misclassified as an independent contractor (or thought you were) when you were really an employee.

If, indeed, you were covered by WC then WC is, by law, the only recourse against your employer.

Provide a more clear explanation of what happened, where, and how, if you need further conversation.

 

[BTMcGinn]

Hi. Thank you. My job is to provide care and maintenance of interior plants and meet with new clientele drawing up diagrams, purchasing new plants and install. I was at a new account which was a restaurant. There are two walls with plants in brackets with the highest plant at over 20ft. I had asked my boss to place replicas instead of live plants as they look real and would eliminate the danger of climbing a ladder holding a water bucket trying to water the plants since he would not provide a helper to secure the ladder. At the time of my accident, I was trying to come up with a solution. I purchased an unusual ladder that has buttons that expanded and retracted to make it compact and small enough to fit in my car vs. trying to navigate an A frame 20ft ladder throughout the restaurant to the patio area. This ladder was in the restaurant dock and required the help of security to help me get it to the second floor. This also required me to pull iron tables with glass tops away from the wall far enough to open the ladder. The new ladder propped against the wall. I'm not sure if the ladder shifted on one side or if water caused it to slip or if I improperly placed it. But the ladder slipped out from below causing me to land face first. I ended up with severe facial trauma, a fractured nose, a spinal cord injury loosing the use of my hands and broken teeth.

I looked through your post for the details of what happened to you but was astounded that you included none. If you want a thorough analysis of your situation, please provide relevant facts.

I understand.

 

[BTMcGinn]

Yes, WC is what employees usually receive if injured while performing their various duties pursuant to their employment.



You weren't injured on your 2nd job. You appear to have been injured on your 1st job.

That said, under what legal theory would your 2nd employer be responsible for injuries you allege to have suffered while performing duties for employer one?



If you desire an answer to that question, ask the funding source for the state agency dispensing your WC payments.



Something is better than nothing, plus you were injured, not killed. Had you been killed, you'd still be receiving nothing.

You haven't YET assumed room temperature. Therefore, you'll still be able to one day in the future, perhaps, return to the land of those desirous of pursuing gainful employment, rather than accepting WC "transfer payments".

Something is better than nothing? I wasn't killed and if I was I would still receive nothing? I'm shocked by your response. And can't wait to show this response to others. I mentioned the second job as this was my gardening business since 2005. I no longer can perform my work. I LOVED my work. It kept me healthy and fit and my diabetes under control. I lost more than a paycheck and yes I do hope to return to the land of the desrious of pursuing employment. I have no desire to continue getting a fraction of pay from government handouts to become a depressed fat couch cow. You show your ridiculous blue colors.

 

[Zigner]

I have no desire to continue getting a fraction of pay from government handouts to become a depressed fat couch cow. You show your ridiculous blue colors.

Work comp is not a government handout. Just sayin'.

 

[BTMcGinn]

I understand.

Hi. Thank you. My job is to provide care and maintenance of interior plants and meet with new clientele drawing up diagrams, purchasing new plants and install. I was at a new account which was a restaurant. There are two walls with plants in brackets with the highest plant at over 20ft. I had asked my boss to place replicas instead of live plants as they look real and would eliminate the danger of climbing a ladder holding a water bucket trying to water the plants since he would not provide a helper to secure the ladder. At the time of my accident, I was trying to come up with a solution. I purchased an unusual ladder that has buttons that expanded and retracted to make it compact and small enough to fit in my car vs. trying to navigate an A frame 20ft ladder throughout the restaurant to the patio area. This ladder was in the restaurant dock and required the help of security to help me get it to the second floor. This also required me to pull iron tables with glass tops away from the wall far enough to open the ladder. The new ladder propped against the wall. I'm not sure if the ladder shifted on one side or if water caused it to slip or if I improperly placed it. But the ladder slipped out from below causing me to land face first. I ended up with severe facial trauma, a fractured nose, a spinal cord injury loosing the use of my hands and broken teeth.

I looked through your post for the details of what happened to you but was astounded that you included none. If you want a thorough analysis of your situation, please provide relevant facts.

 

[BTMcGinn]

Working as a Horticulture specialist/consultant is about taking care of the plants in your home and consulting with new clientele' with what they are looking for and I draw up diagrams and choose the plants that will compliment their surroundings. My accident occurred on an accounts property climbing a ladder.To date, my injury has caused permanent damage to the use of my hands and I'm still waiting for approval to have my teeth replaced and plastic surgery to repair my face. Is there some kind of settlement when WC runs out? What kind of settlements if any are received?

 

[adjusterjack]

Working as a Horticulture specialist/consultant is about taking care of the plants in your home and consulting with new clientele' with what they are looking for and I draw up diagrams and choose the plants that will compliment their surroundings

OK, I understand your job but you also wrote:

I had asked my boss

How is it that you have a "boss"?

A "boss" implies that you are an employee.

Please explain the business or employment relationship between you and your "boss."

If you are an employee your only recourse (by law) is WC. The reason for that is explained at:

Workers' compensation (United States) - Wikipedia

You may also have a cause of action against a third party (not your employer) for negligence if, indeed, a third party was negligent in causing your accident. You would have to prove (not just say) that negligence and you would have to pay back WC out of any settlement or award you get.

If you are truly an independent contractor (self employed, operating your own business) then your client has no obligation to provide WC for you. But you could also have a cause of action against your client if your client's negligence contributed to your injury.

The new ladder propped against the wall. I'm not sure if the ladder shifted on one side or if water caused it to slip or if I improperly placed it. But the ladder slipped out from below causing me to land face first.

Well, whose negligence do you think caused your accident, and how?

Back to the subject of WC benefits. When you are physcally/medically unable to work you are entitled to a percentage of your wages (from the job at which you were injured). That percentage (you wrote 75%) is typically the equivalent of what your take-home pay was after deductions for taxes and FICA.

You collect that money until you are recovered and can return to work. If your injury causes a disability that prevents you from working at your job or any job there is a cash settlement available called Loss of Earnings Capacity. It varies in amount so I won't go into calculations here.

WC also pay for your medical treatment.

I wasn't killed and if I was I would still receive nothing? I'm shocked by your response.

Well, that's true in the sense that you, personally, would get nothing because you would be dead.

WC does provide death benefits to the dependents of a deceased worker.

Now please go back to the questions in bold type and answer them.

 

[BTMcGinn]

Good question. I was hired as an indep, contractor. when I got into my accident I received WC. As far as I know I am to receive no benefits as an indep contractor. I received a 1099 and a W-2. First time I had to pay the IRS and it was significant. This guy just keeps being a scum ball and I keep suffering. I did fill out an SS-8 form telling the IRS I was an employee but this guy listed me as indep contractor. Skating on paying his share of the taxes and leaving me with a big dept.

 

[BTMcGinn]

Good question. I was hired as an indep, contractor. when I got into my accident I received WC. As far as I know I am to receive no benefits as an indep contractor. I received a 1099 and a W-2. First time I had to pay the IRS and it was significant. This guy just keeps being a scum ball and I keep suffering. I did fill out an SS-8 form telling the IRS I was an employee but this guy listed me as indep contractor. Skating on paying his share of the taxes and leaving me with a big dept.

This is why I was confused as to why I could not hire a personal injury attorney. He knew how dangerous it was to have me climbing ladders to water little plants that could have been replicas and there would be no reason to climb ladders to water 4in plants. And I'm talking two walls with15 plants each. My very good friends went to pick of my car and the restaurant manager showed them the video of my fall. I had been asking for a copy of that video for almost a year. Today I received an email from HR. telling me that there was never any video footage of my accident.

 

[BTMcGinn]

He knew what he was doing. Once I had wc I couldn't go after him personally.

 

[BTMcGinn]

He knew what he was doing. Once I had wc I couldn't go after him personally.

Forgive me, this forum has a confusing arrangement in reading and replying to people.

 

[adjusterjack]

He knew how dangerous it was to have me climbing ladders to water little plants that could have been replicas and there would be no reason to climb ladders to water 4in plants.

Nope, that's not negligence.

You bought the ladder.
You set up the ladder.
You climbed the ladder.
You accepted the risk.
The ladder fell over.
You were injured.

Unless there was something defective about the brand new ladder, you are the one responsible for your accident.

That's why WC exists. So workers who cause their own injuries can be protected and employers can avoid costly lawsuits when they aren't responsible.

 

[welkin]

You bought the ladder.

This ladder was in the restaurant dock and required the help of security to help me get it to the second floor

The ladder belonged to the restaurant.

 

[adjusterjack]

The ladder belonged to the restaurant.

Not according to this.

I purchased an unusual ladder that has buttons that expanded and retracted to make it compact and small enough to fit in my car

Wouldn't matter anyway. It would still be WC.

If the ladder were defective, the worker would have a products liability/personal injury claim against the manufacture. That claim could include loss of earnings, medical, and pain and suffering. Any settlement or award would repay WC, pay attorney's cut, and the worker would get the rest.

 

[welkin]

In post 6 he explains that he bought a ladder after he had the accident. But you're correct. It doesn't matter.