[chrose]

Well I suppose it's possible he could be screwed, but it's not really us he should be asking. This is a job for a WC attorney. They work like personal injury attornies in that they don't get paid if they don't recover something for you. They will also not take the case if they don't think there is one. But you or your friend need to go to the web site I provided and/or your Yellow pages and find a WC attorney that will take the case.
Good luck, WC is a maze of nonsense that needs to be addressed but for the time being it's better than nothing.

[Pete]

I believe that your buddy is screwed, but as chrose said, don't take our word for it. He needs to talk to WC personally and get the scoop. That shouldn't stop him from seeking out other legal actions as he may still have a case, especially if he can prove the owner was negilgent. Which I believe he was if he didn't provide the proper tools. You did state that the owner did not have a push stick for the grinder. As far as I am concerned that is negligence, and I am sure that many lawyers and judges would feel the same. I understand not wanting to be litigious or wanting to take the guy "to the cleaners", but your buddy does need to have all his medical bills taken care and if the owner is not willing to help out then he needs to be taken to court.

[panini]

Frizbee,
That is why I waited before posting. I did not know the owner did not give him any compensation at all" the real criminal here is the surgeon that was practicing business instead of medecine" glad David did not go to him.
If he has exhausted all his avenues with the owner then there should be some sort of outside help for him. there is always more then one way to skin a cat.If this owner has not followed the law then there should be something punitive. I will absolutely not play attorney, but I'm pretty sure that most states have adopted the 51-49 on negligance. Meaning that 51% of the persons using this machinery will get hurt.
Hope things work out.
Jeff

[chrose]

To save bandwidth I'll post a link rather than copy paste the provision. As I read it, it appears that the WC insurance is mandatory in AZ. and that the owner is liable. Apparently the injury itself is proof enough of negigence on the owners part and the onus is on the owner to prove otherwise. As far as the surgeon goes there must be more to it than that. I would think that if the friend was indigent than the surgeons office would be able to direct him to available aid rather than just dismiss him. So again the bottom line is consult an attorney that specializes in WC law.
Frizbee, contact me, I have a contact for you in the AZ State Gov't.

Anyway here's the link:http://www.azleg.state.az.us/FormatD...23&DocType=ARS

[chef john]

Dear Frizbee-
Just a note on the WC thing. Workman's Comp is for work place injuries. Liability and negligence have nothing to do with Workman's Comp. I know that sounds like heresy, but it is true. People get Worker's Comp mixed up with a third party liabilty lawsuit. They are not the same. If there is negligence or liability, your friend files a lawsuit for that.The employer can then counter with your friends inexperience, etc. WC only deals with the injury on a no fault basis. It is simply an insurance policy. Workman's comp pays for the medical expense, his wages for any time off ( at 60 to 75%) based on his last wage, depending on the state, and a small monetary settlement that is based upon what the injury was. The settlement is based on "week wages". For example, if you lose a finger you get 25 weeks wages, an eye, 50 weeks wages, and so forth. These settlements are listed in the Workman's Comp handbook that the government puts out or is in the office of any Workman's Comp lawyer. The settlements are regulated. What the lawyers haggle about is the extent of the injury and how permanent it is.
I am not sure that his legal status matters, as his employer also is culpable for hiring him in the first place. We mistake Workman's Comp for third party liability suits, but they are two different animals. His inexperience is irrelevent, it is his bosses job to teach him to do his job, this will surely be the crux of his attorney's argument.
Another thing, WC is mandatory, period. If the employer didn't think enough to protect the well being of his staff or his own liability, then your friend needs to get a workman's comp attorney ( not the one he has, but a new one) to deal with it. The Workman's Comp attorney takes no fee up front, he or she gets paid from the settlement. This attorney can get the hospital to stop calling for their money and protect your friend from harrassment and see to it that he gets the medical treatment he needs. But, he needs a reputable advocate for this, not some ambulance chaser. Don't ask me how I know this stuff, let's just say I learned the hard way. I hope this provides some insight into the system.
Thanx, John

[Txacoli]

In Cali, the guy would own the pizza joint already. It is a felony not to have WC.

Question....did he throw out the cheese?

Probably not

[panini]

Friz
The fact is, he needs to get legal advise. The only thing I was suggesting is that he actually meet with this owner to work something. I have been involved with two mishaps in my ownership time. The first was an injury in the kitchen which I fully took care of without the help of WC. Still employed for 10 yrs.
The second was an employee that had a car accident pulling into our parking lot. Ambulance chasers got to him in ER before I did. Once he went with an attorney, My attorney advised me I can't even speak to him. He got nothing from me and have not heard from him since. Heard he waited 9 months to receive 2,000. But the clinic and the attorney received 10's of thousands.
I'm just having a hard time that this owner will do nothing for him.
Keep us posted and thanks for bringing this to our attention.
I've been running around as accident advisor this week. Believe me, it's not fear from being sued, I just don't want anyone getting hurt.
Jeff

[Cooky]

Oh, that´s a sad story.
But you can´t take it bad of him. Sometimes overall conditions don´t work in favor and people are oblidged to work under the table. Of course, there is a huge problem there if something happens...

You never mentioned anything about the pain of your friend at losing part of his fingers?! Must be hurting and bleeding to a considerable extent!

[cron]

A Canadian anecdote: The WC (WSIB in Canada) person told me I am responsible for any injury suffered by an employee owing to an employees ignorance. For example, I should not assume that an employee is smart enough not to reach into the deep fryer. Basically I have to assume my employees are totally stupid and warn them of every possible situation of hazard even if it is something so bizarre like taking a meat slicer, putting it in a sink full of water and then using it to slice meat. If an employee did that and was injured I would be held responsible for not having warned them. That's what I was told by WC a few years ago.

[Frizbee]

My friend on the urging of my/our advice sought out another atty. He also flew to Maine where his sister is a Pharmacist and had some connections to Dr's. A dr. friend treated and performed surgery on him, and he is doing fine. The agreement is, if he recovers money he will pay the doc. if not the doc will write it off as charity care. He said the new atty apprised him of his rights and feels he has a very strong case. Hopefully he will recover something for the crap he has gone through. He says he feel like a freak when he is out in public...I told him I am sure this emotional reaction is normal, and not to stress too much.
All in all, things seem to be working out all right for him.
He asked me to say thank you to all who posted and wished him well. And of course I thank you once again too.
Frizbee