Terrible unfortunate accident. Injury. Need some advice.

tcadam

Tele-Afflicted
Joined
Jan 12, 2007
Posts
1,304
Location
Delaware
I'm really sorry that happened to you. Maybe someone's already mentioned this but one thing for you to be on the look-out for with any medical bills is that your insurance company may ask questions about how you got injured. Their thinking is that maybe some other insurance company is responsible for paying for your care. My daughter goes to physical therapy for her back and keeps getting letters from an outside company asking how she injured herself.
 

Bones

Telefied
Ad Free Member
Joined
Dec 31, 2005
Posts
22,789
Location
Luddite Island, NY
I agree, unless he's a sociopath, and I kind of think he is, because he asked John to help him lift the door up onto his truck, after he dropped it on him.
Lots of sociopaths in the trades, but also lots of dumb guys who don't know when to call it a day. I have never seen an overhead door that couldn't be taken apart in sections once it was lifted and the spring tension was relieved. Maybe the old fashioned tiltback ones, but I have never seen one in person. Overhead doors are dangerous for smart people and can be catastrophic for dumb people.
 

Mjark

Doctor of Teleocity
Silver Supporter
Joined
Feb 14, 2011
Posts
14,803
Location
Annapolis, MD
I didn't read though all these posts but you should call the company you hired and report what happened. Ask them to report it to their liability insurer.
 

telemnemonics

Telefied
Ad Free Member
Joined
Mar 2, 2010
Posts
33,020
Age
62
Location
Maine
Getbent owned up to being an idiot. We all do it at one point. Be a man and own it. Don't be a Karen.

Stupid dog

If I were the company attorney my first question would be "did you volunteer to do something stupid "? Lol I'm with you it's his fault

Maybe y'all are picturing a scenario where @studio1087 started fiddling with the door and dropped it on himself?

While I agree that he had some responsibility in agreeing to help when asked, he was not the individual who CAUSED THE ACCIDENT.

In Accident Law, there is AN ACCIDENT being looked at and a decision is made WRT who is liable for the accident.
Blaming the home owners son for the accident he did not cause, how are y'all totally ignoring the accident and the contractor who caused the accident?

If a contractor has a accident, are you saying they are only liable if nobody in the clients family gets hurt?
But then if the contractor has an accident on a job resulting in the home owners family getting hurt, suddenly the responsibility for the accident the contractor caused, shifts to the victim who they dropped a door on?

Contractor causes accident on job.
Contractor has insurance to cover damages they cause on jobs.
How does this not fit that industry standard where contractors are required to be insured against causing bodily or property damage on jobs?

Maybe y'all are reading it as the contractor did not drop the door?
You're assuming the door fell because the home owners son is stupid?
Can you remind us of what evidence shows the contractor was not negligent?
Seriously, I worked damn hard to not drop doors on home owners and dammit I beat my own body up pretty bad protecting them!
Now a few here are insisting I had no responsibility for my actions and mistakes?
I totally do not get this tack, seems agenda based, like maybe a few here got sued by those sort of people who pretend to fall and sue at every shop in town.

Is that it?
Y'all thing our friend is an insurance scammer?
OR, y'all think contractors are responsible/ liable for their own accidents when they hurt family members, if and when their insurance company lawyers manage to defame the victim?

Blaming the victim is very very common, but I'm just not getting the rationale behind it here.
 

Flyboy

Tele-Holic
Joined
Aug 13, 2009
Posts
790
Location
scotland
Terrible unfortunate accident. Injury. Need some advice.

My beloved 88-year-old mom is getting a new garage door on her home.

I visited her at New Year’s and on the second the garage door guy came over to do some inspecting. It’s a 16 foot wide steel door with a lot of insulation. The old door was very heavy. The garage door guy popped his head in the house and he asked me if I could come out in the garage and help him with something. I politely asked if this was a two-man job with one man on the job and he said that it indeed wins. His partner who typically helps him has Covid and is not working. He asked me to apply outward pressure on the garage door from the inside and the garage door was closed. He started working with a socket wrench on the metal track that the garage door rides up and down. Suddenly the entire garage door came out of the track fell toward me and pile drived me into the concrete garage floor. The door hit my head and the door hit my shoulder. It was very painful. After I crawled out from underneath the door and shook it off a bit the guy asked me if I would help lift the door into his truck so he could dispose of the old door. I tried to be a nice guy and I helped him and the door was extremely heavy.

Later that night I started experiencing some tremendous low back pain. It is very painful to walk and it is very painful to go up and down stairs. I can’t even carry a laundry basket down into the basement it’s just too painful. If I’m walking through my office and twist funny or bend just right I will actually yelp in pain, it’s that bad.

I have a dear girl friend that I talk to often and she can be rather headstrong and she gave me quite the lecture last night. She said John you need to get to a chiropractor or a doctor and I don’t want to be litigious but whatever the co-pays are for those hospital visits the owner of that garage door company should be paying that. She said they sent one man on a two-man job and because of the guys goofy behavior with the socket wrench you got crushed by the garage door onto concrete. She said you should call the owner of that company and tell him that he should be a gentleman and make the co pays. I know you’ve got good insurance. It’s just co-pays she said and this guy should take part in that.

I don’t know, my co-pays when I go to a doctor or a chiropractor are like 35 bucks a visit and I just thought so I just thought so what.

Would you call the owner of that company and make him aware of what happened and ask that he cover some of your co-pays? My mother has a beautiful Audi A6 and thank God she put it in the street when that worker was at the house because the door would’ve hit her car.

Would you call the owner of that company and have a conversation with him?

This friend of mine has the wheels turning in my little peanut brain now and I’m thinking about it, I just really don’t know what to do. I do have to see a doctor, it hurts like hell.

Thank you.
Sounds like you've prolapsed a lumbar disc. Please get an x-ray. I know what you're going through.
 

stantheman

Doctor of Teleocity
Joined
Jun 10, 2003
Posts
11,880
Age
67
Location
White Mountains
We could never be friends. You obviously don't believe in earning your wealth through your effort or decisions.
You are absolutely right in believing I would NEVER be a friend to anyone like You or that Company.
COMPLETE HALFWITS.
 
Last edited:

schmee

Doctor of Teleocity
Silver Supporter
Joined
Jun 2, 2003
Posts
19,655
Location
northwest
Would you call the owner of that company and have a conversation with him?
Nope, I would not.
 

Alcohen

Tele-Meister
Joined
Jul 16, 2010
Posts
361
Age
59
Location
San Francisco
Look, this is business, not a referendum on character. This is what insurance is for - to carry the costs of risk and injury. The contractor screwed up, badly. You don't enlist civilians to help with your job. He knew or should have known the risks of what he asked the OP to do. Several people on the list with knowledge of these doors have made that clear. Now the OP may (or, hopefully, may not) lose the ability to earn money or otherwise suffer harm over decades as a result. This is why the contractor maintains insurance. So does the homeowner, for that matter. That's why it's required and that's what it's there for. You should involve a lawyer because they know your rights and the game and you. do. not. The contractor and insurance company have lawyers and experience and will eat you alive if you bring a knife to a gun fight.

Still, the glee with which some people jump to blame victims of harm or violence is just sad. I hope your back gets better, man, take care.
 

memorex

Poster Extraordinaire
Joined
Jan 14, 2015
Posts
5,407
Age
71
Location
Sweet Lorain, OH
I'm sorry to hear you got injured, I hope you recover soon. I would only offer a few words of advice.

Never help a contractor do anything. You hired them to do it. If they can't do it without you're help, fire them and get someone else.

See a doctor or chiropractor, if they're any good, they'll want you to get an MRI immediately.

If you're considering legal action against the company, see a lawyer first. Do not contact the company or speak to anyone from the company. Your lawyer may want you to see a chiropractor they work with regularly.

I've been hit from behind and had my car and my back totalled twice, once by a drunk driver. I sued both of them. My back pain required several months of chiropractic both times, and I still get intermittent pain today, and the second accident happened 16 years ago. Good luck.
 
Last edited:

fjblair

Tele-Afflicted
Joined
Dec 29, 2010
Posts
1,502
Location
NC High Country
I would let the company know what happened, but wouldn't expect much of a response. I'm also doubtful that they are fully liable in this situation. You have insurance and the main thing is to get your back treated.

I would not bother with an attorney until you get your health sorted out. Hopefully it isn't a big deal.
 

Timbresmith1

Friend of Leo's
Joined
Oct 1, 2010
Posts
3,211
Location
Central TX
Terrible unfortunate accident. Injury. Need some advice.

My beloved 88-year-old mom is getting a new garage door on her home.

I visited her at New Year’s and on the second the garage door guy came over to do some inspecting. It’s a 16 foot wide steel door with a lot of insulation. The old door was very heavy. The garage door guy popped his head in the house and he asked me if I could come out in the garage and help him with something. I politely asked if this was a two-man job with one man on the job and he said that it indeed wins. His partner who typically helps him has Covid and is not working. He asked me to apply outward pressure on the garage door from the inside and the garage door was closed. He started working with a socket wrench on the metal track that the garage door rides up and down. Suddenly the entire garage door came out of the track fell toward me and pile drived me into the concrete garage floor. The door hit my head and the door hit my shoulder. It was very painful. After I crawled out from underneath the door and shook it off a bit the guy asked me if I would help lift the door into his truck so he could dispose of the old door. I tried to be a nice guy and I helped him and the door was extremely heavy.

Later that night I started experiencing some tremendous low back pain. It is very painful to walk and it is very painful to go up and down stairs. I can’t even carry a laundry basket down into the basement it’s just too painful. If I’m walking through my office and twist funny or bend just right I will actually yelp in pain, it’s that bad.

I have a dear girl friend that I talk to often and she can be rather headstrong and she gave me quite the lecture last night. She said John you need to get to a chiropractor or a doctor and I don’t want to be litigious but whatever the co-pays are for those hospital visits the owner of that garage door company should be paying that. She said they sent one man on a two-man job and because of the guys goofy behavior with the socket wrench you got crushed by the garage door onto concrete. She said you should call the owner of that company and tell him that he should be a gentleman and make the co pays. I know you’ve got good insurance. It’s just co-pays she said and this guy should take part in that.

I don’t know, my co-pays when I go to a doctor or a chiropractor are like 35 bucks a visit and I just thought so I just thought so what.

Would you call the owner of that company and make him aware of what happened and ask that he cover some of your co-pays? My mother has a beautiful Audi A6 and thank God she put it in the street when that worker was at the house because the door would’ve hit her car.

Would you call the owner of that company and have a conversation with him?

This friend of mine has the wheels turning in my little peanut brain now and I’m thinking about it, I just really don’t know what to do. I do have to see a doctor, it hurts like hell.

Thank you.
Lawyer!
 

telemnemonics

Telefied
Ad Free Member
Joined
Mar 2, 2010
Posts
33,020
Age
62
Location
Maine
Maybe the first stage of getting the correct legal procedure moving is to call your own health insurance company to report the accident, find out what kind of doctor they want you to see first, and let them move to sort out legal liabilities?
Be sure to tell them a contractor had an accident that caused your injury.

Your health insurance company will try to get either the contractor who dropped the door on you to have their insurance company pay, or they might go after Moms homeowners insurance.

Again though, if there is accident insurance and an accident, almost everyone knows that fingers will be pointed at those who caused the accident.
Which was the contractor.
Did the contractor do anything wrong?
1) sent one man to a two man job
2) asked a non employee to work
3) dropped the big steel door on the non employee
4) asked the non employee to help AGAIN
5) since the company did not contact John, we can guess that the employee failed to report the accident he caused, another piece or wrongdoing by the contractor

Seems pretty clear that the contractor is liable for several serious mistakes that caused injury.
BUT, there is usually a report window.
I've made a workers comp claim just to see a doc for an infection I got from a splinter that would not go away soaking in salt water.
The general manager panicked and asked if I had reported the splinter to the property manager immediately. He was afraid I was going to sue. Funny guy? Maybe not!
Of course getting a splinter is not really an accident on the job that you rush to tell the boss about, but the property manager was indeed there when it happened and I did tell her while I was trying to dig out the dirty PT splinter.
Comp covered my medical bills which I never saw, and notably comp has no copays.
 

Guitarzan

Poster Extraordinaire
Joined
Feb 28, 2006
Posts
7,695
Location
Hotlanta, GA
Later that night I started experiencing some tremendous low back pain. It is very painful to walk and it is very painful to go up and down stairs. I can’t even carry a laundry basket down into the basement it’s just too painful. If I’m walking through my office and twist funny or bend just right I will actually yelp in pain, it’s that bad.
The longer you delay treatment, the less credible your claim of injury will appear under cross examination by a defense attorney.

You need to document injury quickly.

If you have to hire an attorney, I recommend that not to hire the PI attorneys that advertise all over TV, radio, etc., they are never the best ones. The might even cull cases and keep the bigger ones and send you to network firms that handle the smaller ones. Those advertising firms also tend to find a way to drop clients when they learn that the defendant has minimal insurance coverage.
 

telemnemonics

Telefied
Ad Free Member
Joined
Mar 2, 2010
Posts
33,020
Age
62
Location
Maine
Less labor costs = more profit. Most businesses don't care about you and they don't care about their employees; they care about profit.
That's fair but the OP did state that he asked the contractor if it was a two man job and was told that the second man was out sick with the secret sickness.
 

johnny k

Poster Extraordinaire
Joined
Jan 15, 2011
Posts
9,145
Location
France
Less labor costs = more profit. Most businesses don't care about you and they don't care about their employees; they care about profit.
Well more profit, then you get someone dying on the job ? i don't know, i would rather get less profit and have employees getting back home safe. How can you sleep at night after someone dies on the job because of your fault ?
What sort of company is that ?

edit how are they still operating ? Is the work situation THAT bad in the us ?
 

telemnemonics

Telefied
Ad Free Member
Joined
Mar 2, 2010
Posts
33,020
Age
62
Location
Maine
Well more profit, then you get someone dying on the job ? i don't know, i would rather get less profit and have employees getting back home safe. How can you sleep at night after someone dies on the job because of your fault ?
What sort of company is that ?

edit how are they still operating ? Is the work situation THAT bad in the us ?
Lots of closed businesses these days yeah
 

1293

Poster Extraordinaire
Joined
May 18, 2006
Posts
9,150
You are absolutely right in believing I would NEVER be a friend to anyone like You or that Company.
COMPLETE HALFWITS.

Maybe y'all are picturing a scenario where @studio1087 started fiddling with the door and dropped it on himself?

While I agree that he had some responsibility in agreeing to help when asked, he was not the individual who CAUSED THE ACCIDENT.

In Accident Law, there is AN ACCIDENT being looked at and a decision is made WRT who is liable for the accident.
Blaming the home owners son for the accident he did not cause, how are y'all totally ignoring the accident and the contractor who caused the accident?

If a contractor has a accident, are you saying they are only liable if nobody in the clients family gets hurt?
But then if the contractor has an accident on a job resulting in the home owners family getting hurt, suddenly the responsibility for the accident the contractor caused, shifts to the victim who they dropped a door on?

Contractor causes accident on job.
Contractor has insurance to cover damages they cause on jobs.
How does this not fit that industry standard where contractors are required to be insured against causing bodily or property damage on jobs?

Maybe y'all are reading it as the contractor did not drop the door?
You're assuming the door fell because the home owners son is stupid?
Can you remind us of what evidence shows the contractor was not negligent?
Seriously, I worked damn hard to not drop doors on home owners and dammit I beat my own body up pretty bad protecting them!
Now a few here are insisting I had no responsibility for my actions and mistakes?
I totally do not get this tack, seems agenda based, like maybe a few here got sued by those sort of people who pretend to fall and sue at every shop in town.

Is that it?
Y'all thing our friend is an insurance scammer?
OR, y'all think contractors are responsible/ liable for their own accidents when they hurt family members, if and when their insurance company lawyers manage to defame the victim?

Blaming the victim is very very common, but I'm just not getting the rationale behind it here.

Maybe y'all are picturing a scenario where @studio1087 started fiddling with the door and dropped it on himself?

While I agree that he had some responsibility in agreeing to help when asked, he was not the individual who CAUSED THE ACCIDENT.

In Accident Law, there is AN ACCIDENT being looked at and a decision is made WRT who is liable for the accident.
Blaming the home owners son for the accident he did not cause, how are y'all totally ignoring the accident and the contractor who caused the accident?

If a contractor has a accident, are you saying they are only liable if nobody in the clients family gets hurt?
But then if the contractor has an accident on a job resulting in the home owners family getting hurt, suddenly the responsibility for the accident the contractor caused, shifts to the victim who they dropped a door on?

Contractor causes accident on job.
Contractor has insurance to cover damages they cause on jobs.
How does this not fit that industry standard where contractors are required to be insured against causing bodily or property damage on jobs?

Maybe y'all are reading it as the contractor did not drop the door?
You're assuming the door fell because the home owners son is stupid?
Can you remind us of what evidence shows the contractor was not negligent?
Seriously, I worked damn hard to not drop doors on home owners and dammit I beat my own body up pretty bad protecting them!
Now a few here are insisting I had no responsibility for my actions and mistakes?
I totally do not get this tack, seems agenda based, like maybe a few here got sued by those sort of people who pretend to fall and sue at every shop in town.

Is that it?
Y'all thing our friend is an insurance scammer?
OR, y'all think contractors are responsible/ liable for their own accidents when they hurt family members, if and when their insurance company lawyers manage to defame the victim?

Blaming the victim is very very common, but I'm just not getting the rationale behind it here.


I like studio1087 and I'm sorry he got hurt. He willingly entered into the situation.
 




Top