Visitor Question

Fell off a ladder at work 8 years ago…

Submitted By: Anonymous (Michigan)

I was a maintenance man and also did machine repair at my former job of 20+ years. My boss told me to get a ladder and check to see what was in the box up in the rafters. I proceeded to go get a ladder and he told me to just use the one that he had. Him being my boss I said okay and used that ladder even though it had no rubber.

I slipped out and fell 25-30 feet to the cement below. I crushed my heel and after major surgery and my heel is being replaced with what I call the bionic heel (it’s loaded with bolts and screws).

Now I’m being told I may lose my entire foot. This is something that I am having a very difficult time accepting. Do I have a valid claim for my injuries? I can no longer do what I do without my foot. It’s been 8-9 years since the accident first occurred. Thank You.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

Regrettably, from the facts you present you probably don’t have much legal recourse. Michigan, like most other states has a 2 year Statute of Limitations. That means from the date of the injury you had 2 years within which to settle your claim or file a lawsuit.

It appears you missed that date by about 6 or 7 years. We suggest you contact your former employer and see if an

insurance claim was opened at the time of your injury there may have been some money set aside to compensate you for your medical bills.

You state you had major surgery. Although the time-frame for the surgery isn’t exactly clear, if the surgery was paid for by your former employer or his insurance company there is always a remote possibility the claim may still be open. Although that theory may not be plausible, at this point you have nothing to lose by checking it out.

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

Best of luck,

Published: September 27, 2011

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