On April 29, 2012 the store I was managing received a shipment of floor freezers. Because the freezer hinges stuck out a little too far I was not able to take them inside the building without disassembling the lid from the freezer. As I was unscrewing the bolt that held the hinge in place, the hinge snapped up and got me in my face, breaking my eye socket and rupturing my sinuses. There was no warning on the freezer informing the custmer that the hinges were spring loaded. As a result, I had to have a surgery. The doctor that performed the surgery entered my nose with a balloon to push the bone back in place, dislodging a bone fragment and it ended up landing on my brain causing major headaches, and loss of movement in my legs as it caused my cyatica nerve to flare up. I had a surgery one week later to fix this as well. Are there any repercussions I can take? I am now receiving $11,000 bills for the surgery because workers compensation found in favor of the insurance carrier who disputed the charges from the original surgery. Any information would be helpful.
2 Answers from Attorneys
The workers compensation claim will rightly pay for medical expenses and lost earnings. It is possible there may be another claim to make against the appliance manufacturer for failure to warn, products liability, or failure to provide unpacking instructions, etc. Consult with an attorney in your area now. It's already been 15 mos. since the accident, and the longer you wait, the more difficult it becomes for the lawyer to investigate, consult witnesses and prepare your case in the best possible way. Good luck. Best, MEZ
For an absolutely FREE consultation please contact our office by phone at 347-702-4133 or email me at [email protected] The WC dispute may only be about the allowable amount the doctor may charge for his services. There appears to be a valid claim against a third-party but we need to discuss a few different aspects. Time is of the essence.
Michael Krigsfeld, Esq.