I was climbing a backer scaffold at work and the scaffold collapsed , I fell 18 feet. I was injured with a concussion as I was dazed. And Doctors have documented.
OHSA came in and wrote up 3 serious violations for improper scaffolding. Not only did the scaffold have no outriggers, but after my fall labors rebuilt the scaffold, No inspection at all, plus it was still in violation of OHSA requirements. And they order me to climb the scaffold and finish my work.
I tore 3 tendons in my shoulder, torn a meniscus tendon in my rt. knee, have had 9 epidurals in my low back and 8 Nero blocks. 2 up and coming surgery's. even though my injuries were from the fall. ( Can I sue outside of the realm of work comp for wreck less enlargement, or tie it in to work comp to try to get more in my settlement ) I represent myself in this case
1 Answer from Attorneys
There is no such thing as suing outside the realm of workers' comp in Arizona unless your employer was uninsured, or failed to post the required notice poster in their office (and even that's a long shot.) Workers' comp is a no-fault system, and it sounds like you've already applied for and even received some benefits, and if so, then there is no action you can take beyond your benefits. You have no standing to bring a suit for negligence against your employer.
If your injuries were caused or contributed to by another company or someone who was not a co-employee of yours, then you could sue the third party.
Representing yourself in a workers' compensation matter can seem like a money-saver, but the cost of not knowing your rights can also be a money-loser. Most of us (certified specialists) offer free consultations, and it is my practice to honestly tell people if they're already getting everything to which they're entitled. In other words, I only represent injured workers for whom I believe I can accomplish a definable goal that benefits them. My fees are a percentage of benefits I have a hand in getting for them. Many other attorneys have the same policies. So you might consider getting a consultation with someone who really knows this area of law.
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