Bad Shoes Or Bad Floor? The "This Or That" Defense

Worker's compensation attorneys have seen a wide variety of lawsuits over multiple injuries and work-related claims. Some of the most difficult ones to defend are the ones where there is questionable validity to the claims of the plaintiff. It boils down to a "this or that" situation, and whether or not you can actually sue. Take a look at the following to see if your possible worker's compensation suit will hold muster.

Bad Shoes or Bad Floor

​In this instance, employees sue because their feet, ankles, knees, and hips have all suffered from having to stand on hard concrete floors for several hours and several days. Yet, the case in question might be defended as a mere matter of the plaintiff wearing the wrong kinds of shoes for the job. With a few exceptions, there is rarely ever the "right" pair of shoes to wear for any job, especially one where you have to stand and walk on concrete most of your workday. In order to defend your case, your lawyer would have to prove via medical records and professional orthopedic statements/opinions that your work is definitely responsible for your pain, arthritis, or other painful lower body condition.

​Bad Back or Bad Body Mechanics

​This is another tricky situation. Did you have a bad back before you started this job, or did it develop over time? Perhaps your bad back developed suddenly, in which case, the defendant (your employer or the worker's compensation insurance company) might argue that the injury was your fault. They may argue that your back went out because you were using bad body mechanics, or that you already knew that you had a bad back and you made it worse lifting something too heavy. Again, medical records from the past and your current medical records regarding your back and receiving treatment for the pain/injury are necessary to prove you are right, and they are wrong.

Bad Machinery or Bad Choices

​This scenario pits your choices to work with machinery that caused your injuries. Maybe the machinery was bad or dysfunctional. Maybe it was just a bad idea for your to put your hand inside the machine to grab something that was stuck or a bad idea to do anything in regards to machinery that should not have been touched period. Your employer may try to argue that you made a bad decision, and that the injury/incident is your fault because of a poor choice. If the machinery was bad, however, and your employer did not tell you, you could not have made a better choice without that vital information.