Lawsuit?

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Latest post Mon, Feb 6 2012 12:32 PM by Jon88240. 6 replies.
  • Thu, Dec 15 2011 5:46 PM

    • Jon88240
      Consumer
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    • Joined on Mon, Aug 8 2011
    • NM
    • Posts 17

    Lawsuit?

    Now that I'm getting closer to settling my dispute with Workers Compensation... I need to know if I should persue a Lawsuit for something like...Neglegence, or Pain and Suffering sorts of things... as I have been declared Disabled by the Government due to the Work related injury. 

    Your immediate answer would be no, as at least in New Mexico, Workers Compensation is sort of a Firewall to keep injured workers from suing their employers. However, they are not the ones I am asking if I can sue... 

    I was working through a Staffing Agency at the time of the accident. Possibly a Third Party Lawsuit... on a oil-field location IN New Mexico. They are directly responcible for my accident as they would not provide me with the protective equipment I should have been wearing.

    What can I do, and if you dont know, How can I find out? My lawyers are still unsure about the issue and can not address it until the Workers Comp Case is Settled and Dealt With.

     

    Even when winning seems illogical, losing is still far from optional.

    When we stop questioning and asking how, and why,...That is when we loose our Humanity...

  • Thu, Dec 15 2011 7:16 PM In reply to

    Re: Lawsuit?

    Jon88240:

    I was working through a Staffing Agency at the time of the accident. Possibly a Third Party Lawsuit... on a oil-field location IN New Mexico. They are directly responcible for my accident as they would not provide me with the protective equipment I should have been wearing.

    My 35 years in the insurance industry tells me that you would not have a third party claim against the place you were working because the staffing agency provided the WC coverage on behalf of the client with whom you were placed.

    Jon88240:
    My lawyers are still unsure about the issue and can not address it until the Workers Comp Case is Settled and Dealt With.

    What kind of lawyers would be unsure about the issue. It's not that tough a question.

    Consult a personal injury attorney and you'll get an answer in 5 minutes.

    Let me know if I have to eat my hat.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Sat, Dec 17 2011 1:11 AM In reply to

    • Jon88240
      Consumer
    • Not Ranked
    • Joined on Mon, Aug 8 2011
    • NM
    • Posts 17

    Re: Lawsuit?

    Well, each staffing agency is different,.. Their issue is that they haven't looked to see if texactly what you said was part of their contract.I'm jus wondering if there could be somethng beyond WC, even criminal... I have 2 separate  legal office workng for me. One is a major firm from Lubbock - working on the possible lawsuit- and one local veteran lawyer whos office works my work comp. there are two possible loopholes through the issue... One is a case held and won about a Miner who became injured fairly bad... About the same percentage as me... Who was also going through a staffing company. He won his case in claim of reckless endangerment,... Not only did he win a award of the company contracted to, but small amounts from two other companies at the location. Two-as I suggested, since I was not working for the company, but I WAS hurt by their reckless actions (which were deliberate) I feel as if I might as well had been a bystander. And there were 6 companies on location, whom I didn't work with of course... The lawyers of course have to settle WC, before, because they are due their repayment if an award is recieved. A representative from the company actually told me that, suggesting my idea that they may not had been contractually liable to cover the other companies ass. Schlumberger pays out $423 million a year in contract worker injuries, and gross over 20 billion. Oil field injuries are a commonplace,... It would seem Ill-advised for a company to cover that high of a price. Perhaps a separate WC claim to be placed upon the third party? I don't know.

    Even when winning seems illogical, losing is still far from optional.

    When we stop questioning and asking how, and why,...That is when we loose our Humanity...

  • Sat, Dec 17 2011 8:58 AM In reply to

    Re: Lawsuit?

    Jon88240:
    Perhaps a separate WC claim to be placed upon the third party?

    No.

    For any claim against a third party you would have to prove negligence.

    I still have my doubts as to whether you could sue the staffing agency's client but if you can post a link to the miner's case or a case citation I'd like to read it. Just saying there is a case doesn't do you any good because you don't know the details.

    If there were other companies on the job and their negligence contributed to your injuries, you could have a cause of action against them.

     

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Sun, Feb 5 2012 4:08 PM In reply to

    • ShirlM
      Consumer
    • Top 500 Contributor
    • Joined on Sun, Jan 22 2012
    • NY
    • Posts 100

    Re: Lawsuit?

    The staffing agency did not give you the proper protective equipment? Isn't that the job of the place you are working - even though you were being paid through the staffing agency?

  • Mon, Feb 6 2012 12:32 PM In reply to

    • Jon88240
      Consumer
    • Not Ranked
    • Joined on Mon, Aug 8 2011
    • NM
    • Posts 17

    Re: Lawsuit?

    Well... The Client. As well as the safety company hired that was on site, you could say... They are the last line of prevention... But they're mostly there because most oil location companies crack down hard when another company's at their site, about safety. So, the client,... But I'm off W/C with no settlement, and a future mediation in march,... W/C supposed to protect the employer,... Nothing is protecting them now... Confusing. 

    Even when winning seems illogical, losing is still far from optional.

    When we stop questioning and asking how, and why,...That is when we loose our Humanity...

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