very serious question....

[Frizbee]

A good friend of mine was working in Arizona at a pizza joint. Last week he was shredding cheese in a meat grinder, and has now lost part of his index finger and the pad of his middle finger. The owner has no workman's comp and he must prove negligence for his case. I have never heard of this as a practice....have you...using a meat grinder to shred cheese?

Also I see this as clear neg. on the part of the owner, not providing proper tools to do the job....I am curious what you all think?
How can we help him recover his case?
Thanks for all your help!
Frizbee

[Botanique]

Honey, you are not going to like me much after this reply.... It doesn't matter what product goes through a machine. I am so sorry. I could have pushed Capone through my meat grinder and it wouldn't have made a difference. I am so sorry for the mishap, I teared up reading your post. I hope it all works out, and I am so sorry for your friend. Barrooooo! Big Dog Sorry!

[Frizbee]

no problem....I appreciate the reply...
I guess the question is-is it common place or rather...common practice. the atty needs an angle of neg on the owners part in instructing and employee using a tool or equiptment improperly, ya know?

[chefcwm]

I have been GM at pizza places in the past, both Mom & Pop places and the big National chains, and I have never heard of anyone having to shred or grind their own cheese. It might be a little cheaper, but how can it be cost-effective??

[Pete]

I can't believe that the owner is not insured. This accident happened at work, by an employee. The owner is responsible. If he doesn't carry workman's comp (I thought it was mandatory) then he was foolish, but either way he is responsible for taking care any injury an employee sustains, while at the workplace.

[chrose]

I'm with Pete on this one. I was under the impression that it was a Federal law that in order to operate a business one had to have WC insurance. What your friend needs to do is contact a local WC Attorney now! Only they will be able to answer for sure. Here's a link to a website I used when I was working on my WC case (ongoing case!) you can find answers, attornies etc. specifically for WC cases and others. I hope it works out. (PS a restaurant I worked at we used a Hobart grinder attachment for cheese as well.
http://www.prairielaw.com/channels/c...p?channelId=19

[dano1]

someone's gonna own their own pizza shop soon.....

[chrose]

Originally Posted by dano1

someone's gonna own their own pizza shop soon.....

Don't kid yourself! WC is nothing like Tort law. Basically you get just past nothing. Now if you can avoid WC and find negligence you'll do better, but only as good as the pockets of the owner, you can't get blood from a stone. So I would look to get compensation more so than "rich", but stranger things
have happened.

[Botanique]

This troubled me so much....

First, make sure your friend has a food handler's card (small detail, I know, but very important as we all know). Second, HOW exactly did your friend lose part of his finger (I am the biggest clutz in the world, and used to use a meat grinder to make sausage...)? Third, tell your friend this is a huge case, and he needs to go after this guy -- I'm not a litigious person, but he is Extremely wrong in not being covered. How the **** did he get his license?

[Frizbee]

You know I asked the same thing with regards to how he got his hand in there.
He stated that it happened before he knew what was going on. I know for a fact my friend has never worked in a pizza joint and also has little experience culinarly…(the last spot he worked was a Ruby Tuesday for about a year).
He stated that he didn’t have the push stick, and the owner is constantly screaming at him for being too slow. Because I have worked with this equipment and I have been trained on the dangers (as I am sure most of you have as well) I would never stick my hand in there, but that wasn’t the case for my friend, obviously.
He stated that in Arizona he has to prove negligence to have a case, (he spoke to an attorney)….and that is what we are trying to do. Not for nothing I told him I thought it was illegal not to have workman’s comp, but I have also heard of many who don’t carry it. I told him to seek another legal opinion…I think the lawyer he spoke to just didn’t want the case.
Thanks Chrose for the link. I will pass it along.
Keep your thoughts on this coming, and I/we appreciate all your posting and information.
Frizbee

[chrose]

Originally Posted by Frizbee

I told him to seek another legal opinion…I think the lawyer he spoke to just didn’t want the case.
Thanks Chrose for the link. I will pass it along.

Frizbee

I think you're right, he needs another attorney! An injury is just that, an injury, and that's what WC is for. If he was drunk, or some other reason as to a cause for it being his fault, then that's something for the company and their insurance company to prove otherwise, and since they aren't carrying WC insurance.......

by Suzanne DuRard www.lawyers.com


Buying workers’ comp insurance for your employees is mandatory by law in all states. But depending on the state in which your business is located, you may be able to shave your costs and still protect your workers.

Workers’ comp laws are designed to make sure that:

Injured or disabled employees hurt on the job get compensated.
You as the business owner aren’t sued.

You’re bound by your state’s workers’ comp statutes unless your workers are involved in significant multi-state business (where federal statutes apply). These laws cover benefits that are necessary and whether an injured worker will be able to sue co-workers or you as the owner of the business.

While some states require employers to purchase workers’ comp insurance through a state-run government program, most states allow shopping around with private carriers.

[Botanique]

Originally Posted by Botanique

I'm not a litigious person, but he is Extremely wrong in not being covered. How the **** did he get his license?

Please know, btw, that I meant the restaurant owner, not your friend

[panini]

Well I'm on both sides of this. In my state we don't have to carry WC insurance. We do however have to contribute to WC so the employee will receive benefits while away from the job.
Unfortunately, all the ambulance chasers and frivolous lawsuits in our business have given everything a bad name.
I'm really thinking that the negligence will fall back on the employee. I sympathize with the owner and feel horrible for the injured.
Lets not bury this owner, having a license has nothing to do with WC. An attorney will usually prohibit the owner from doing anything for this person.
A lawsuit will certainly not throw this person into early retirement. Trying to get some sort of compensation from the owner should be the first move.
just my 2 cents

[Frizbee]

panini wrote:
Lets not bury this owner, having a license has nothing to do with WC. An attorney will usually prohibit the owner from doing anything for this person.
A lawsuit will certainly not throw this person into early retirement. Trying to get some sort of compensation from the owner should be the first move.
just my 2 cents

I think he tried to get some compensation from the owner. He doesn’t have health insurance (like so many of us in the food service industry) and the closest hospital refused to properly take care of his emergency. They bandaged him up and referred him to a surgeon. The surgeon told him that he would not operate unless he had $5000.00 toward the $6500.00, which is the total cost of his services. My poor friend had to wait almost a week with basically a bloody stump for his mother to get him a plane ticket to Maine, where a family friend/dr was able to see, and treat him, performing the surgery. The whole situation sucks basically.
It isn’t David’s (my friend) intention to get a “pay day” from this owner, but simply to get his medical bills, and some money for the fact that his is permanently disfigured….60% of his finger is gone, all because this owner doesn’t provide the right or proper tools to do the job he was told to do, with little instruction on use of equipment or safety. I have spoken to him as a friend, and as honestly as I can, saying that I personally feel that he does shoulder some blame for his injury. However as a manager/chef/owner could I in good conscience feel no responsibility for an employee who severely injures himself because I required a job done with out providing the right tools? Was he high or drunk at work? No he wasn’t. He is a good worker just trying to do the job asked of him. Sometimes sh*t happens to decent people I know this….but I feel negligence falls more on the part of the owner than on my friend, plain and simple.

[Frizbee]

And I wish he would have told me this last night...but you know, sometime you forget to ask for simple details...
He was working under the table.
I have told him he is basically screwed then. The law will not cover someone who is acting illegally.
Correct?
Does he have any recourse in being offer a position under the table? Just a long shot really.
Thanks to each and every one of you for your posts and help. I learned some things in researching the question, and maybe you did too.
Frizbee
Oh btw..he had no instruction in using the machine...and didn't want to bother them in the weeds to ask. Just figured it would be common sense.