Head Injury at Work...

by Greg
(Council Bluffs, Iowa)

I fell at work on ice and hit my head. I had a grade 3 concussion. I don't remember a lot after the fall. I did vomit and was very delusional. The manager of the company was aware of this, but chose to take me to the hospital in a pickup instead of calling an ambulance. Does this constitute neglect?

Is it illegal to take a person with a head injury to the hospital in a pickup when it should have been in an ambulance?

Visitor Question:
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ANSWER for "Head Injury at Work...":

From the facts you have provided it doesn’t appear you have suffered any permanent injuries. In response to your question about the legality of driving you to the hospital in a pickup rather than an ambulance, such action is not considered illegal in the criminal sense.

In the end though, after all is said and done, if you had suffered serious bodily injury or death as a direct result of being driven to the hospital in a pickup truck rather than an ambulance, it is possible that action could have risen to a degree of criminality.

To prove that you would have to show the management or the company:

1. Knew your injuries were life threatening; and

2. They acted in blatant disregard for your life by transporting you in a pickup; and

3. Such blatant disregard caused serious bodily or death; and

4. They knew there was a greater likelihood transporting you in a pickup rather than in an ambulance would result in serious bodily or death; and

5. They had access to an ambulance through 911 or other means.

Then their actions could be considered illegal and subject to indictment and arrest. This is a big stretch though. And then they would also be liable to you, or your estate for substantial money damages.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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