Sue over an injury

[Dominion300]

I'm going to agree here. To sue over an injury you obtained on the job is BS. You knew this job was dangerous when you started it and you have no grounds to sue a patient over an injury you obtained. As in your other scenario two people lifting a large patient. This also a scene consideration, when you show up and see a patient that might be too big for you, go ahead and call for assistance. I've refused to leave a scene before while waiting for assistance on a 550lbs patient. Well technically it was the medic I was working with, large patient coded. We had ourselves (a BLS truck) a medic backup in fly car, and we waited till fire was there to get her in the truck. We worked it while we waited.

Everything you do in this job is a risk, and if anything this should be sussed out between you and your workmans comp. Atleast in my experience with a couple good friends on workmans comp, they got enough to pay their essential bills and had to cancel some of their luxury items (TV, etc) but were ok on medical, rent, insurance, etc.

[Diazepam618]

I say sue. sue for everything you can get.

[VentMedic]

I say sue. sue for everything you can get.

What happens if you get nothing but unemployment?

If your lawsuit does not involve your employer but brings them a negative view in the public eye, they have no reason to keep you as their employee. If you also involve them in the lawsuit, they have every right to remove you from duty and it will be up to you to prove you are capable of doing the job especially if it is no longer a workmen's comp case. You will also have to disclose this as it will be public record on any future employment applications especially if the suit is still pending. Having a workmen's comp claim that has been handled, and sometimes almost expected due to the nature of EMS work, is different than having a lawsuit pending against your employer or a private citizen for a job related incident.

This is the Florida incident I referred to earlier. It also mentions the LEO who tried the same thing.

http://www.clickorlando.com/news/16157202/detail.html

[FireMedic65]

First thing you learn in EMS, scene safety and BSI. The scene essentially was not safe due to the icy conditions. I know it sounds dumb, but if the roads are icy, do we drive fast on them or do we take our time and be more cautious? Same applies to walking if you ask me. In the winter we often carry ice melt or a bucket of coal stove ash to throw down on icy walkways.

Second of all, if the patient is large, don't bother lifting. Know your limits and use your head. Call for extra lifting help and use it.

As for suing, sure you can sue away and you may win or you might not. I am not a lawyer.

Be more careful and take your time. Stand back for a moment and assess your scene, don't get tunnel vision and utilize your resources.

[TDP]

Where do you draw the line right?

[Chief1C]

Off topic.

In the winter we often carry ice melt or a bucket of coal stove ash to throw down on icy walkways

We had a structure fire one night from a man doing that, except he threw them out hot from the stove. Some rolled against his barn. Poof.

[FireMedic65]

Off topic.

We had a structure fire one night from a man doing that, except he threw them out hot from the stove. Some rolled against his barn. Poof.

whoops!

[Richard B the EMT]

Stirring the mix a bit, here: I present an article from the New York Daily News

Link at http://www.nydailynews.com/news/2009/05/14...rt_officer.html

</h1>

<h1>Fourth-generation NYPD officer, injured by hit-and-run driver, wins landmark case

BY Nicole Bode

DAILY NEWS STAFF WRITER

Thursday, May 14th 2009, 4:00 AM

(Photo Credit-Pokress for News)

(Photo Caption) Maureen Cerati shows medal she won before a drunken-driver hit her, leading to the end of her NYPD career.

A fourth-generation NYPD officer horribly injured by a hit-and-run driver won a landmark court ruling that gives cops more leeway over who they can sue for on-the-job injuries.

"I'm unbelievably thrilled my lawyers were able to do this - not just for me but for the other officers," said former Officer Maureen Cerati, 39, who retired in 2007 because of her injuries.

"Officers are often told, 'It's all in a day's work.' It's nice to know when people are genuinely hurt in the line of duty they have some recourse."

The state Appellate Division set a precedent last month when it ruled Cerati can sue both drivers involved in the Aug. 1, 2005, crash.

She suffered broken bones, a collapsed lung and lingering disabilities in the accident, including permanent nerve damage to her hands and arms.

It happened while she was setting up flares around a crash scene on the Belt Parkway just before 3 a.m.

Drunken driver Oscar Berrios had flipped his car, killing one of his passengers.

While Cerati was working in the area, ex-con Deirk Keitt drove by, slammed into her and dragged her 100 feet along the highway.

Keitt, 25, who had just been released from prison for a stabbing, pleaded guilty to second-degree assault on Cerati and is serving five years in prison.

The cop's civil suit against Keitt was settled earlier this year, but Berrios, 30, claimed he couldn't be held responsible because his car never touched the cop.

Under existing municipal law, Cerati could have had her suit against Berrios tossed - but the appeals decision means that won't happen to her or, most likely, other cops in her situation.

"Now, those persons whose negligent or criminal acts bring a police officer to the scene are equally liable with the person who directly caused the officers' injuries," said Cerati's lawyer, Joseph Decolator.

Cerati, whose great-grandfather joined the force in 1908, said she hopes other officers in need will benefit.

"There've been countless officers who were on the scene doing what their duty called them to do - then got hurt by another individual," she said.

"I just hope this helps a lot of people."

Lawyers for Berrios - who got five years' probation in the death of his passenger - did not return calls.

nbode@nydailynews.com

Edited May 15, 2009 by Richard B the EMT

[VentMedic]

Interesting article although her injuries were obtained from those committing a crime. I believe the family of the young EMT who was killed recently by a gunshot while on duty is also suing everyone they can on the behalf of his estate.

However, I still don't believe those that call EMS for help with no intent to harm the EMT(P)s should have to worry about being sued.

[Katiebug]

However, I still don't believe those that call EMS for help with no intent to harm the EMT(P)s should have to worry about being sued.

Agreed. As Anthony said, that's very poor form. You would put our whole profession in a very bad light. You probably don't care about that because you seem to need/want the money, but I seriously doubt you would get it that way.

If people are afraid to call rescuers for fear of getting sued, then the system is broken.

Sue workers comp, heal up, then go earn your money like you should. It's quite likely that the fellow you are considering suing earned what he's got. Man up dude. Or go work in a pillow factory where it's nice and soft.