[Robert Smith]

A friend of mine was electrocuted at work. She works for Arby's and was removing fry cups from a fry station (area where fries are kept warm). Electrical components somehow sent a charge of electricity through her body. She was refused to call her mom or go to emergency. She complained of pain in her arms, shoulder and neck. They forced her to finish out the day. She went to Emergency right after work to determine if there was any permanent damage. The hospital said there shouldn't be any permanent damage but they did give her a perscription, which she can't get until workmens comp. is open. She called Cal-Osha but their Dist. Manager is out of the office for a few days, so nothing has happened with that. She asked for the accident reports but the manager on duty was not trained with that area and had no clue where they were. She was wondering if she does or does not have a case to sue. Thank-you

[N0help4u]

Yes she definitely has a case to sue and she should not let this slip by.

[Fr_Chuck]

The manager on duty needed to call their boss and/or call another store, they are required to take a workers comp report, and they are also requied to allow them to go to the doctor at the time of the injury.
Also the corporate HR department will or should have an emergany prodedure, Also there should be posted the rules on workers injury

[Robert Smith]

The Manager on duty said everything was fine... And to keep in mind she is a minor. He would not let her call her mom, even though she has witnesses. The Manager called the Owner which he was 5 minutes. Away he did not come and check up on her.

[N0help4u]

I think she can sue on even just how improperly the whole thing was handled.
She should have been told to immediately fill out reports and went to the hospital.
I and others joke about how our bosses would put a plastic straw in a vein for a ruptured vein and make us go back to work because that is the way many bosses REALLY ARE BUT
This is serious and they are trying to cover up.

[Robert Smith]

SHe has already got a hold of an attorney and they said she really has no proof and the company is paying he medical right now, but she can't get her medication because the workmens comp. office is not open.

[N0help4u]

She has no proof she was electrocuted at work? She does have the other employees and the hospital records I would think that should prove something. If she wins it may not be big because she doesn't have permanent damage but she should be able to win a little something.

[smearcase]

Electrocution is fatal shock. She was shocked.

[JudyKayTee]

A friend of mine was electrocuted at work. She works for Arby's and was removing fry cups from a fry station (area where fries are kept warm). Electrical components somehow sent a charge of electricity through her body. She was refused to call her mom or go to emergency. She complained of pain in her arms, shoulder and neck. They forced her to finish out the day. She went to Emergency right after work to determine if there was any permanent damage. The hospital said there shouldn't be any permanent damage but they did give her a perscription, which she can't get until workmens comp. is open. She called Cal-Osha but their Dist. Manager is out of the office for a few days, so nothing has happened with that. She asked for the accident reports but the manager on duty was not trained with that area and had no clue where they were. She was wondering if she does or does not have a case to sue. Thank-you

It's a Workers Comp case - in some States this precludes suing the employer. If the equipment was fault there may be a case against the manufacturer. If she is going to proceed the matter needs to be investigated as soon as possible, before the equipment is repaired, while witnesses still recall details.

In order to win a third-party case (defective equipment) your friend needs to PROVE the equipment was defective or unreasonably (which excuses a lot of problems) dangerous equipment or the injury AND DAMAGE were caused by inadequate warnings (by the manufacturer) on the equipment. If 5 other people used the equipment and did not have a problem she would need to prove she did nothing that caused or contributed to her problem. It's a complicated - and expensive - lawsuit.

She needs to speak with a workers comp attorney to determine if there is any permanent damage. She obviously would need permanent damage and pain and suffering in order to sue and collect.

I understood at first that she was electrocuted - now it looks like she received a shock - ?

What was the prescription for?

Sounds like it was handled badly, very badly, but I don't know that it rises to anything other than an OSHA investigation and claim and perhaps a review by management.

[go-ask-mom]

Her supervisor is "supposed" to take down the info. And turn it in within 24 hours of the injury to whoever their W/C Ins. Point person is. Being that it's Arby's I guarantee they have a WC Rep.

She can NOT sue her employer "Arby's"- as that is why WC Ins. Exists... it is an insurance paid by employers with 50(?) or more employees. Company's must carry it unless they are smaller and then they still must put up a bond. The Ins. Is provided "in lieu" of suing the company... this way the employee can get immediate/long term care and a portion of wages until they can return back to suitable work.

The only other suit that can be brought would be a "tort" claim against a third party... which may be possible in her case being that the machine malfunctioned and shocked her. The "tort" would be against the manufacturer of the machine/fryer. Not her employer. (She would still have an original WC claim for the inury too- and a "tort" case.)

She needs to contact an attorney that specializes in Workers Compensation and not just go off what one atty has told her. She should consult with many, as the initial consultations with them are free. She needs to basically interview these atty's. As they can & will be completely different in ideas and methods! So see who she gets a "feel" for. Plus, in some states the amount atty's. Can charge is limited such as in CA (I think its 12.5% BUT in other states it can run a typical 33.3%! Tort atty's are even higher!)

Then there are a million different rules, again depending on the state, such as the first initial doctor... some you may have to see their doctor but in others you can choose your first dr. Most of the time you will always be seeing a "company doctor" but you are free to be treated by anyone you choose... the thing is, workcomp will not have to cover those expenses for visits, again, depending on the state and WC Ins. Provider, so this means out of your pocket! Your typical employee health ins. Benefits will NOT cover any work related injuries, so this is all your personal expense.

WC is a mess and you are almost forced to hire an atty. To know what your rights are, what you can and can not do, what THEY can/not do, and just to navigate through the whole process! It's not something you want to deal with alone anyway, when you are hurt and trying to get "legitimate" treatment. It is an uphill fight but with a knowledgeable atty. She should do fine. First things first... get the initial report of workplace injury filed! (Another thing is they will deny almost 99% of all workcomp claims... but you can and must APPEAL their decision!)

[Robert Smith]

A friend of mine (17 year old girl) was electrocuted at work. She works for Arby's and was removing fry cups from a fry station (area where fries are kept warm). Electrical components somehow sent a charge of electricity through her body. She was refused permission to call her mom or go to emergency. She complained of pain in her arms, shoulder and neck. They forced her to finish out the day. She went to Emergency right after work to determine if there was any permanent damage. The hospital said there shouldn't be any permanent damage but they did give her a prescription for her pain. She couldn't have it (prescription) filled due to no accident report being completed and Arby's manager or owner didn't offer to pay for it. She asked for the accident report but the manager on duty was not trained in that area and had no clue where they were. She called Cal-Osha to have the accident investigated but so far she has not had a response from them either. She reported to work the following day and complained of the pain but no one seems to care. The accident was 4 days ago and she is still in pain from the electrical shock. She was wondering if she does or does not have a case to sue? Thank You

[ScottGem]

She almost definitely has a workman's comp case. And there is a good likelihood she has a lawsuit due to them not letting her get medical treatment as soon as it happened. Tell her to consult a lawyer. In a case like this the initial consult should be free. If a lwayer does take it on, it would most likley be on a contingency basis so she doesn't have to pay until and unless she wins.

[N0help4u]

sideoutshu disagrees: That is not true. What would the damages be?

Her hospital bill. Why isn't she entitled to her hospital bill being paid??

[ScottGem]

Please don't start multiple threads for the same issue. I've merged your two threads.

[N0help4u]

I would also think she could get some pain and suffering since they made her work the rest of her shift. They handled the case all wrong and not according to required legal procedure. I agree with Judy and go-ask-mom.

[sideoutshu]

sideoutshu disagrees: That is not true. What would the damages be?

Her hospital bill. Why isn't she entitled to her hospital bill being paid????

No matter how many question marks you use after a sentence. I am still only going to answer you once. Deal?

Well, without knowing the complete facts of the situation, I would say the following:

Her hospital bill, assuming she doesn't have medical insurance, would likely be reimbursed through worker's compensation.

As other's have already pointed out, you can't bring a lawsuit against your employer for pain and suffering as it is barred by WC. Even if you were to find a viable third party to sue, (the equipment manufacturer, a maintenance company, etc.) it would not be worth it as: (1) it would cost more to bring the suit then the case would be worth; and (2) due to the aforesaid, no lawyer would take the case.

You can't bring a lawsuit for personal injuries because your boss is a jerk.

[sideoutshu]

I would also think she could get some pain and suffering since they made her work the rest of her shift. They handled the case all wrong and not according to required legal procedure. I agree with Judy and go-ask-mom.

Pain and suffering for what?

Better yet... what is 4 hours of no pain worth?

What is the "required legal procedue" for dealing with an employee who gets a trivial electirc shock?

[sideoutshu]

It's a Workers Comp case - in some States this precludes suing the employer. If the equipment was fault there may be a case against the manufacturer. If she is going to proceed the matter needs to be investigated as soon as possible, before the equipment is repaired, while witnesses still recall details.

In order to win a third-party case (defective equipment) your friend needs to PROVE the equipment was defective or unreasonably (which excuses a lot of problems) dangerous equipment or the injury AND DAMAGE were caused by inadequate warnings (by the manufacturer) on the equipment. If 5 other people used the equipment and did not have a problem she would need to prove she did nothing that caused or contributed to her problem. It's a complicated - and expensive - lawsuit.

She needs to speak with a workers comp attorney to determine if there is any permanent damage. She obviously would need permanent damage and pain and suffering in order to sue and collect.

I understood at first that she was electrocuted - now it looks like she received a shock - ?

What was the prescription for?

Sounds like it was handled badly, very badly, but I don't know that it rises to anything other than an OSHA investigation and claim and perhaps a review by management.

Well said. One thing that I would add to the above is that the "defective equipment" type of case referred to above is one for "products liability". The standard of proof in a PL case is such that expert testimony is required regarding product design, etc. in nearly every case. That costs a lot of money.

I just had an expert in a PL case charge me $12,000 to travel from PA to NY for one day of testimony regarding the design of a garbage truck with a standing drive. Definitely not worth the trouble for someone who got a little shock.

[N0help4u]

Pain and suffering for what?

Better yet....what is 4 hours of no pain worth?

What is the "required legal procedue" for dealing with an employee who gets a trivial electirc shock?

Originally they claimed severe electrical shock.

[sideoutshu]

originally they claimed severe electrical shock.

Well she said from the beginning that there was no permanent damage. That is all that matters. It could be "severe" electric shock... "super-duper" electric shock, or "super duper wooper" electric shock... no damage is still no damage.