# Fell from Bucket truck cage



## Industry (Feb 11, 2007)

I was injured on the job in december of 06 when the hand rail of the ladder from the cage on our rental International gave way. I was coming down from doing Utility Clearance trimming in the Altec bucket and when I grabbed the handrail to descend from the cage the Weld holding it on Broke. I came down from the cage with way more velocity than I was expecting I landed next to a stub from an oak sapling that had been mowed along the roadside. It was over a foot tall, and aprox. 10" away from where I landed flat on my back. I told my Groundman as I drove to the hospital that I should stop and buy a lotto ticket, as I was lucky not to have been Impaled. No broken bones, but I doubt my back will ever be 100% again as I had to return to work earlier than my Physical therapist would have liked.(gotta pay those bills)


----------



## Sunrise Guy (Feb 11, 2007)

Man, is this your company? Is this your bucket? If so, I'm happy to hear you're back on the job, but I'm sorry you had to return to work sooner than is good for your health. If you are working for someone else and/or that bucket was not yours, you need to see a lawyer, big-time! Seriously, you should not be back on the job if you're not feeling good, and with a nice, large settlement, you could afford a proper convalescence.


----------



## Industry (Feb 11, 2007)

Not my company or bucket. I think it is probably too late to see a lawyer, as the truck has been shipped back to the rental company.


----------



## Mtnman4ever (Feb 11, 2007)

you stilil l have case against them ther rental equipment can be found and they too might be liable for not maintaing properly it should not have happned . somethingwent wrongand t it was not your fault talk to al awyer for the best advice , Just become sick and check a site called martindale they list lawyers and you have muiltple ways of searching 

The company will porbably try to settle out of court to avoid being found at fault and thier insurance goes thourgh the stratopshere along with less jobs . 
good luck and get well !

Rick
Sorry about the bad typing a injury sever concusion and the log messed up my right arm and my neck yep ifired the j kid who was supposed to be my helpr nd gorundy if I need to climb hewas ligtin upa buttwhen i explictily tod him no smoking on the job . makes it hard to type I usually us a VR system

:bang:


----------



## RaisedByWolves (Feb 12, 2007)

Mtnman4ever said:


> Jou stil lhave case against hem terentakl equionet can befoundand thytoo might e liable for notmaintingit proerly it should not have happned . somethingwent wrongand t it was not your fault talk to alawyer for the best advice , Just become sick and check a site called martindale they list lawyers and you have muiltple ways of searching







The part that is understandable is true, if your going to be partially disabled or have lasting injurys get a lawyer.


----------



## treesquirrel (Feb 12, 2007)

Industry said:


> Not my company or bucket. I think it is probably too late to see a lawyer, as the truck has been shipped back to the rental company.



Not so. If this weld was a repair to the bucket done in their shop then the repairman had best be a certified welder. Like airplane components any safety device that requires welding repair should be performed by certified welders. I also think that it could be required that any repair made to this kind of equipment actually be replaced with approved factory parts.

I'd say you stand a good chance of having a case so your attorney can earn some big dough and hand you the little sack of change left over from his/her lawyer fees.

Legal battles can be expensive and attorney fees are astronomical. A few hundred dollars could get a letter drawn up by a lawyer in order to test the water but I do feel you probably do have some rights here.


----------



## Husky137 (Feb 12, 2007)

RaisedByWolves said:


> The part that is understandable is true, if your going to be partially disabled or have lasting injurys get a lawyer.




You understood some of that?


----------



## RaisedByWolves (Feb 12, 2007)

Yes, Im fluent in jibberish.


----------



## Thillmaine (Feb 12, 2007)

*Where*

Where did thi happen? In Maine that is? And what company rents buckets? Must be near Portland or something?


----------



## Industry (Feb 12, 2007)

I don't want to mention the company name, but the incident happened in Bristol. We rented the buckets to burn some budget(this is what I was told) toward the end of the year.


----------



## Mrs. ArboristSite (Feb 12, 2007)

It is quite apparent that those who have injuries may not be able to type well so I would appreciate you not making fun of their situation. Please try to read their posts as best you can and if you cannot read it do not reply to them. Thank You.


----------



## JayD (Feb 12, 2007)

*Fair go Fella's*

Fair go fella's, you never know when it could be you..injured...stuck in a body that just won't work!..believe me..I've been there I broke my neck,actually it was a fracture to my c7 vertebrae this high up on the spine usually lose everything fron the neck down..I was lucky but to be told a specialist that your injury is the best he's ever seen is a bit unnerving..what he meant was a fraction either way and I could have been in a chair for life,mtnman4ever,good on you for posting and hopefully you recover from your injuries..never give up, it took me three years to get strength back into my body and now i'm a tree worker I still get aches and pain but I manage it with exercise and pain killers..strangely enough now it hurts more when I'm not active!!.

Industry,
Make sure everything has been reported and logged,keep all your own relevant paper work..dates times..what was actually said to you leave nothing out..sad fact is you never know where you will be health wise in a couple years in regards to this accident.

wishing all involved a speedy and sound recovery.

All The Best


----------



## Mtnman4ever (Feb 12, 2007)

treesquirrel said:


> Not so. If this weld was a repair to the bucket done in their shop then the repairman had best be a certified welder. Like airplane components any safety device that requires welding repair should be performed by certified welders. I also think that it could be required that any repair made to this kind of equipment actually be replaced with approved factory parts.
> 
> I'd say you stand a good chance of having a case so your attorney can earn some big dough and hand you the little sack of change left over from his/her lawyer fees.
> 
> Legal battles can be expensive and attorney fees are astronomical. A few hundred dollars could get a letter drawn up by a lawyer in order to test the water but I do feel you probably do have some rights here.



If I am right Ill ask my siters lawer freind but they would take the case on contigmnincy mean they take 25 -30 prcernt depending on what you agree to and tort laws in your state. i wuld at least consult with on hell you couldwalk away with a small mint . and have all the toys ypou want . 
I still cut but I perfer terra frima now . i'll let a younger but experinced guy climb unless Ihaveto . 
I still geto out on conract as i can do that npow iasl sel stuff on Ebay and will happilly help out any one throuhg it . I still fireup a nice big sawand ut fire woold I i now use te splitter all thevtime I would use a havy maul for exersise . gyms bore me . 
but no oneshold sufferbecasue of anthers incmpetnces connercutting or stupidity . 
they should have to be held accountable . 
:greenchainsaw:


----------



## alanarbor (Feb 13, 2007)

You may find yourself SOL if the truck was rented for a long period of time.

When you're using equipment, you are obligated to properly inspect it and ensure it's suitability for use on a daily basis.

There may even be a clause regarding that in the rental agreement.

Read over all the relevant paperwork or have your attorney do so before you go to sue, if you lose, you could find yourself on the hook for court costs, etc.


----------



## lxt (Feb 13, 2007)

alanarbor,

wrong!! the situation here is not a matter of the weld, what broke or any rental agreement papers. its a matter of #1 was an accident report filled out # 2 what is the workers comp. laws in your state give you the right to do.
#3 did you sustain an injury while on company time performing your job duties as requested by the employer?

If you are hurt on the job regardless the circumstances YOUR employers workers compensation is responsible, but check your comp laws!!! if the company doctor sent you back DO GET A LAWYER!!!!! these doctors get bonuses for returning you back to work before the 90 day period. 


your not hurt get back to work $$$$$$$$$$:deadhorse:


----------



## Chainsaw_Sally (Feb 14, 2007)

*Bet I Know...*

What company it was. I believe that those trucks were supposed to be new. They were rented from a company in Alabama and sent back in December. 

Let me guess, they wanted you back at work ASAP, so there was no time lost, and insurance wouldn't be affected. At least, that's what I was told when I almost broke my arm last year. 


My advice, go after them. They've been screwing their workers for years, with their own doc who "medically verifies" that all our repetitive stress injuries aren't work related. Get a second opinion and a lawyer. That's the only way that I've seen that you can get them to own up, and take care of you.

Hang in there & Have a good one.


----------



## spongygumz (Feb 23, 2007)

*Fall from bucket*

A few years back, at the beginning of tree trimming season,a guy fell out of the BOTTOM of the basket.How,you may wonder?Well, the bucket was left uncoverd during the winter months and accumulated moisture between the plastic liner and the fiberglass bucket.The liner was removed to soak up the water and was never put back in.Needless to say,the first time it was used in the spring,the bottom gave way and took the life of a young father of 2 girls.The SOB who owned the tree srv settled out of court for $75,000,avoided jail,and still operates unsafe eqpt.


----------



## Industry (Feb 26, 2007)

Where was his belt and lanyard? We are required to wear them while the bucket is flying.


----------



## Justice (Mar 24, 2007)

*Know your rights*

I believe you have both options.
The Manufacture is liable, and the rental company. That would be a negligence suite.

Your company's workman's compensation company is liable as well for your injury. In addition to paying for your lost work wages 70% in New Jersey, you are entitled to sue for the damage done to you. With workman's comp. you are viewed as a piece of machinery. You are now a damaged piece of machinery (how they view it). 

I was injured last Feb (06). Workman's comp. delayed my treatment, treated me for the wrong thing, and only delayed the necessary surgery for a year. I am currently out of work after having my C5 C6 C7 vert fused. I now have a titanium bracket screwed into my spine after they removed the two bulging disks, and inserted cadaver bone where the disk's used to be.

My lawyer tells me work comp will end paying aprox $50,000 to me in a lump sum, and be responsible FOREVER for any future problems. In New Jersey the lawyer gets 20%, but 10% comes from the insurance company. 

Workman's Comp does not care about you. They will tell you anything to get you back to work and off their books. By law you are entitled to a second opinion. See a lawyer first and then take it from there.

It might be a injury you can live with right now, but (like mine) it may become much worst. Now is the time to take action, and don't let them bully you around. Once they know you have a lawyer you will get much better treatment.

My opinion from my experience. 

PS: I used to sell commercial insurance, workman's comp as well and got out of the industry because they are a bunch of scumbags with no honor, and only care about $$$$.

If you need more info let me know and I will do what I can.


----------

