As you guys know I work road construction out in alberta, I am a roller operator for a paving crew. On November 6, 14 hours into the shift we were almost finished for the night when we heard that one of the guys got his rubber( a type of roller) hung up on a curb. We attempted sledge hammering the curb, pushing with a bob cat and I was instructed to pull up in front of the equipment that was stuck. My boss then proceeded to get a nylon tie down strap out of his truck and hooked it up to my machine and the rubber.

I asked my boss what the maximum rating is for the strap he ignored the question and I asked if we could use the bob cat and figure out another way of getting out, he said "there's no f'ing way this is our only chance now get on your roller and pull it out!"

During all of this I must have been hooked up for about ten minutes and I was telling other co-workers that it was going to snap because it was not rated for the equipment which must have been about 30,ooo pounds.

Anyways I got on the roller, as told and I revved up and proceeded to put tension on the strap. I gave it more gas and all I heard was a huge bang and saw a buckle through the darkness at which honestly must have been going about 300 miles an hour. It struck the inner part of my hand right at my thumb and shattered it in 2 places.

I went to the hospital obviously, rushed by a co-worker and was x-rayed and found out that it was fractured in 2 different places and was wedged out of place. That night I spent in the hospital, hooked up to several contraptions to monitor me. The next day(yesterday) I had surgery and they put a steel plate in and I am now out of commission for 6-8 weeks including physio. They are obviously giving me paid leave(wcb) but I am wondering if I should take any legal action, or is there nothing I can do.

They know they are at fault because my supervisor has been suspended for lack of leadership in safety, basically taking care of his crew.

Anyways what do you guys think? Let me know, thanks very much.

If they are compensating you and when you heal, you will be at full strength again, there isn't much I would personally do in your situation.

If you want the a general DSM opinion regarding DSMs, we'll give you advice. If you want to hear some legal advice, go talk to a lawyer. It's is your only option if you are looking to milk something more out of them for neglegance.

Sorry i must have misread non dsm related chatter:S

I'm just giving you the right advise. Talk to a lawyer. If you are telling us a story, then shitty luck I suppose but if you are asking for advise (which it looks like), I gave the right advise.

I agree.

If there's any long-term or permanent effects of your injury, then a personal injury lawyer's advice will be far better than that of the DSM community.

If you are fully recovered at the time compensation stops, I guess you could consider it a paid vacation, or you could still try to milk it with a lawyer.

In the US it's a bigger thing because you have to foot the bill for the healthcare you receive. Up here, it's pretty much taken care of. The guy was being an idiot, but there's not much you can do about it. Them's the breaks of working in an industrial environment. Money's good. Risks' bad.

You see safety being compromised a lot in order to 'get the job done'.

this is your one chance to get rich the american way....by suing.

If you thought it was unsafe, why did you do it. You should have said no way!

When using a tow rope. its a good idea to put a blanket on the rope, so if it snaps, the backlash is dampened by the blanket. protecting your windscreen, or hand in this case. Good luck, talk to a lawyer.

S.

You have the right to refuse unsafe work, they can't fire you for that type of thing. Talk to a lawyer who specializes in workmans comp type cases.

There is no guarantee of winning such a case. As Adam pointed out, you have the right to refuse unsafe work. I realize that if you do so, they will likely make your life hell, but fact is that you chose to go ahead and do it in spite of feeling it was unsafe. There is a reasonable likelihood a court would find shared blame, and you COULD even be held responsible for part of their increased workmen's comp costs....
best advice is still to talk to a real lawyer!

The Workman's Compensation Board was invented for just a thing. They will go after your boss, but because you are recieving compensation, you cannot sue. The WCB protects both you and your employer.

I'd take legal action on them. I broke my hand at work, picking up something that was too heavy. The bone in my hand connected to my middle fingle cracked in half. It still hurts when it rains, 4 years later. You'll have painthe rest of your life. It doesnt heal like new. I'd go after them.

I'm a firm believer in accountability. No, your supervisor definitely shouldn't have asked you to do that but you said yourself you knew it wasn't safe and did it anyway, so ultimately it's your fault. Take your paid vacation, learn from this experience and move on.

And who the hell uses a strap to tow equipment? That's what chains and tow cables are for...You'd think a construction company might have some of these.