Legal advice for an injury?

[VeteranMom]

Today, at my sons' basketball game, I went to sit on one of the chairs. Upon sitting on it, it immediately collapsed to the ground- with me on top of it. I hurt my tailbone and could immediately feel pain. One of the parents sitting next to me said that the chair had been on the floor and she had unfolded it and put it up for use. Later, I found out from another parent that the chair had already been broken and that's why he had sat it on the floor. I went to the director of the league and told him what had happened. He said he'd touch base with me in a few days about it. He didn't feel the need to file any paperwork on the incident. One of the parents took a picture of the broken chair.

Honestly, I'm in some pain right now. I can feel it in my mid-back. What should I do? Should I wait until the guy contacts me? Should I go to the Dr.

[Melinda in VT]

I'd probably take some Advil and take it easy.

 

I slipped on some wet leaves on my deck one fall and cracked my tailbone. It took me about three weeks to feel like I would fully recover, although full recovery took a bit longer. I never saw a doctor.

 

It would never occur to me that this would be a legal question.

[Starr]

He should file an accident report. You can call him and tell him you are in pain, you don't have to wait for him to call you. They have insurance so it shouldn't be a big deal.

[Guest inoubliable]

Do you have insurance? If it's still sore in the morning, make an appointment? I mean, isn't that what you'd normally do if you fell or were otherwise injured?

 

I'm not sure what legal advice you want. It doesn't sound like a case of negligence.

[VeteranMom]

I'd probably take some Advil and take it easy.

 

I slipped on some wet leaves on my deck one fall and cracked my tailbone. It took me about three weeks to feel like I would fully recover, although full recovery took a bit longer. I never saw a doctor.

 

It would never occur to me that this would be a legal question.

I don't want to have to pay for the doctor's co-pay or for the chiropractic fees that I am likely to have to pay. It was their poorly maintained equipment that caused me to get hurt. I think they are responsible for the medical bills that will result. I don't want them to deny medical payment due to lack of proof of the incident. There was no incident report- just a conversation between me and the league director. I may have worded my heading incorrectly. It's more of an insurance question and I'm not sure what process to follow.

[TeenagerMom]

I would take an anti-inflammatory and move on. Accidents happen. DD broke her finger at an afterschool program at our Boys and Girls Club. They never filed an accident report. Our insurance never asked where she broke it. It was a non-issue.

[Miss Peregrine]

If you plan on having them pay, then yes, you need to go to the dr for documentation. I know whenever an accident happens and we seek treatmen, our insurance always sends a questionnaire to find out who/ what/when/where/why/how.

[lil' maids in a row]

I would take an anti-inflammatory and move on. Accidents happen. DD broke her finger at an afterschool program at our Boys and Girls Club. They never filed an accident report. Our insurance never asked where she broke it. It was a non-issue.

 

:iagree:

[plansrme]

Well I will just come right out and say that is silly. A chair broke; chairs break sometimes, even if they are "maintained," whatever that means as to a chair. This is not worth suing anyone over. Maybe you should have inspected the chair before you sat down? Wasn't the consensus on the bike thread that we are all responsible for checking around our cars before we back out? I do not see how this is different.

 

I am sorry you are hurt though and hope it is just a sprain or bruise that heals quickly.

 

Terri

[Miss Peregrine]

Well I will just come right out and say that is silly. A chair broke; chairs break sometimes, even if they are "maintained," whatever that means as to a chair. This is not worth suing anyone over. Maybe you should have inspected the chair before you sat down? Wasn't the consensus on the bike thread that we are all responsible for checking around our cars before we back out? I do not see how this is different.

 

I am sorry you are hurt though and hope it is just a sprain or bruise that heals quickly.

 

Terri

 

 

I would probably not worry about it, but maybe she has back problems. However, I have a friend who had to go to the chiropractor for months just from climbing onto her kids trampoline to clean up a yucky spot. Sometime injuries are more serious than it seems they should be.

[gingersmom]

Do you not have health insurance?

 

How much are you looking to make off of this?

 

It would never in a million years occur to me to take legal action.

 

 

[Mergath]

I can't imagine suing over a broken chair and a bruised tailbone. And I can't see how the school (I'm assuming this is a school?) was negligent. Are they supposed to test every chair after each and every game? I'm guessing the chair wasn't visibly damaged or you wouldn't have sat on it in the first place.

 

Sh*t happens. I fall on my butt at least once a month at my dd's gymnastics place because the parking lot is like a skating rink. It never would have occurred to me to sue them because my butt hurt afterward.

[VeteranMom]

Do you not have health insurance?

 

How much are you looking to make off of this?

 

It would never in a million years occur to me to take legal action.

I have health insurance. Co-pays are $25/visit and I have a co-pay for any medications. Chiropractic care is $25/visit. Suing wouldn't be my first thought, but I don't think I should have to suffer AND pay the co-pays. Maybe if their facility were somewhat maintained, I would not feel like they were at fault for my getting hurt. It's not just a simple broken chair. We've had grandparents fall in other areas of the facility due to poorly marked step downs and other problems. Thankfully, not broken bones or hips. They really don't seem to maintain things or care about safety. I don't have spare money at the moment and don't have funds to burn on doctor's co-pays. Again...I worded my heading wrong. I'm not looking up an ambulance chasing lawyer in the phone book to help me set up a lawsuit. I just wondered how the medical compensation would work.

I don't make a habit of checking chairs for stability before I sit in them. I've never broken one in the past and am no bigger than most people. Might be a habit I need to start, though... :laugh:

[Mergath]

I have health insurance. Co-pays are $25/visit and I have a co-pay for any medications. Chiropractic care is $25/visit. Suing wouldn't be my first thought, but I don't think I should have to suffer AND pay the co-pays. Maybe if their facility were somewhat maintained, I would not feel like they were at fault for my getting hurt. It's not just a simple broken chair. We've had grandparents fall in other areas of the facility due to poorly marked step downs and other problems. Thankfully, not broken bones or hips. They really don't seem to maintain things or care about safety. I don't have spare money at the moment and don't have funds to burn on doctor's co-pays. Again...I worded my heading wrong. I'm not looking up an ambulance chasing lawyer in the phone book to help me set up a lawsuit. I just wondered how the medical compensation would work.

I don't make a habit of checking chairs for stability before I sit in them. I've never broken one in the past and am no bigger than most people. Might be a habit I need to start, though... :laugh:

 

This did just happen today, correct? Is there a reason you're so anxious to get to the doctor and sue for compensation? Give it twenty-four hours, at least. You probably just bruised your tailbone or pulled a muscle. You'll mostly likely feel much better in the morning.

[Melinda in VT]

I don't want to have to pay for the doctor's co-pay or for the chiropractic fees that I am likely to have to pay. It was their poorly maintained equipment that caused me to get hurt. I think they are responsible for the medical bills that will result. I don't want them to deny medical payment due to lack of proof of the incident. There was no incident report- just a conversation between me and the league director. I may have worded my heading incorrectly. It's more of an insurance question and I'm not sure what process to follow.

 

I think we have a very different outlook on the world.

 

I would not assume that an injury of this sort would require medical or chiropractic fees. And if it did, I would pay for it myself.

[DianeW88]

Wow, getting someone else to pay for my co-pay and medical care after what you described would never even occur to me in a million years. Seriously? You really want them to pay for it?

[bzymom]

I hope you feel better quickly.

 

This is one of those things I file under "life happens", take some ibuprofen, grab a heating pad and hope it improves. It just would not occur to me to ask someone else to pay for my care.

[Flowing Brook]

Accidents happen. No matter how well we plan how much we try to prevent them they happen. I think it was just one of those things and you should just pay for it.

[swellmomma]

I do not think this is a legal issue. it was not even a negligence issue on the part of the league. A parent noticed it was broken and put it aside and never said anything, another parent thought they were being helpful and put it out. SOunds like an accident due to miscommunication of parents nothing about the league at all. No legal standing imo. If it still hurts pay the co-pay and chalk it up to expense of the sport.

[gingersmom]

 

I have health insurance. Co-pays are $25/visit and I have a co-pay for any medications. Chiropractic care is $25/visit. Suing wouldn't be my first thought, but I don't think I should have to suffer AND pay the co-pays. Maybe if their facility were somewhat maintained, I would not feel like they were at fault for my getting hurt. It's not just a simple broken chair. We've had grandparents fall in other areas of the facility due to poorly marked step downs and other problems. Thankfully, not broken bones or hips. They really don't seem to maintain things or care about safety.

 

If you feel the facility is not maintained and is dangerous then why do you continue to go there?

[zoobie]

Depends... Where was the game held? Who owns the facility? The chairs? There doesn't have to be negligence if you are injured as a business invitee on property.

 

And this is a legitimate question. Premature, but legitimate. Health insurance isn't supposed to be used for accidents that are covered under another type of insurance, such as liability insurance potentially in this case. Your health insurance may refuse to pay for such an injury. Using the proper insurance to pay for medical costs is not the same thing as threatening to sue for millions of dollars for emotional distress caused by seeing basketballs from now on or something. :)

 

Hopefully it's just a bruised tailbone and some ibuprofen and a nice Epsom salt bath soak will take care of everything.

 

ETA: If you are injured to the point of needing medical care, the insurance carrier would 1) tell you whether they are accepting the claim and then direct you as to how they do things (either the doctor bills them directly or they reimburse you) or 2) tell you they are refusing the claim and then you would need to pay out of pocket NOT through your health insurance and decide how you want to proceed.

[mommylawyer]

You don't have enough damages at this point to sue. Not to mention that if you went to a Personal Injury attorney with this, no one would take it as a case (at least none worth their salt). It was an accident; this is one of the many problems with our society - everyone is so quick to sue or threaten lawsuits without weighing the damages and consider who is really at fault.

[mommylawyer]

(Double post.)

[nd293]

I fell in my tailbone ice skating. It hurt for about 6 weeks (hurt a lot for 2-3 weeks), but I never saw a doctor or chiropractor. It takes time to heal.

[G5052]

Yes, give it time.

 

We're friends with several lawyers, and none of them would take a case like this, even if you put down a hefty retainer. Unfortunately injury cases don't happen until after the bills in the majority of the cases because settlement is based on the bills.

 

And I personally wouldn't do it. Everyone I know who has sued for injuries in court has regretted it other than one friend who did it in small claims court herself. You won't get near what you hope in the end, and the time and frustration involved is not trivial.

[Laurie4b]

I don't see why so many are jumping down the OP's throat. She is not talking about suing anyone. She is worried about paying medical costs. No one here, including OP, knows the extent of her injuries, whether it is "just a bruised tailbone" or whether it's something that will dog her the rest of her life, which back injuries can do. I didn't see one single thing in the OP's post that indicated she was going to try to make a killing off this, only that she might seek compensation for her medical costs. That is totally normal and doesn't require suing. Perhaps the injury turns out to be nothing--she's not saying she'll do anything in that case. However, it could well be a long-term injury. Perhaps everyone jumping on her could easily cover co-pays for multiple visits to PT, chiro, MRI, or whatever it is that might happen if it's more than a temporary bruise. However, $25 co-pays can add up quickly in that scenario, and there is often a limit on PT.

 

It was an accident. When there are accidents, whether car accidents or accidents on someone's property, there are insurance protocols for who pays, just like in a car accident. In a place of business, a gym, etc, the organization is often partially or fully responsible for things that occur on their site, whether there is truly something they could have done about them or not, just like I am responsible if I hit the back of someone's car after I have come to a full stop even if I've been hit from behind myself by a drunk driver still accelerating and my car was launched forward without my consent. I haven't done anything wrong in that scenario, but the way our society has worked out the rules, my insurance still pays for the car in front of me.

 

In this case, though, the organization had a defective chair. I can tell you that in the organization I work for, we would consider that our responsibility, whether someone else accidentally set it up or not.

 

OP, I think you should call the league director, tell him that you are still in pain and ask him to file an accident report, and then go to the doctor to determine the extent of the injury. If the injury turns out to be more severe than a temporary discomfort and you don't go to the doctor now and your insurance coverage leaves.you with bills, then the league's insurance can chip in.

[speedmom4]

I can't imagine there would be a life long injury from falling from a chair. We're talking maybe 18 inches. How does someone who is in decent medical condition (not elderly etc.) get hurt from that??? It doesn't even sound like he OP needs to even see a doctor. It sounds to me like the OP already has it in her mind that there wil be doctor and chiropractor visits. Sounds strange to me.

 

Elise in NC

[Down_the_Rabbit_Hole]

I don't see why so many are jumping down the OP's throat. She is not talking about suing anyone. She is worried about paying medical costs. No one here, including OP, knows the extent of her injuries, whether it is "just a bruised tailbone" or whether it's something that will dog her the rest of her life, which back injuries can do. I didn't see one single thing in the OP's post that indicated she was going to try to make a killing off this, only that she might seek compensation for her medical costs. That is totally normal and doesn't require suing. Perhaps the injury turns out to be nothing--she's not saying she'll do anything in that case. However, it could well be a long-term injury. Perhaps everyone jumping on her could easily cover co-pays for multiple visits to PT, chiro, MRI, or whatever it is that might happen if it's more than a temporary bruise. However, $25 co-pays can add up quickly in that scenario, and there is often a limit on PT.

 

It was an accident. When there are accidents, whether car accidents or accidents on someone's property, there are insurance protocols for who pays, just like in a car accident. In a place of business, a gym, etc, the organization is often partially or fully responsible for things that occur on their site, whether there is truly something they could have done about them or not, just like I am responsible if I hit the back of someone's car after I have come to a full stop even if I've been hit from behind myself by a drunk driver still accelerating and my car was launched forward without my consent. I haven't done anything wrong in that scenario, but the way our society has worked out the rules, my insurance still pays for the car in front of me.

 

In this case, though, the organization had a defective chair. I can tell you that in the organization I work for, we would consider that our responsibility, whether someone else accidentally set it up or not.

 

OP, I think you should call the league director, tell him that you are still in pain and ask him to file an accident report, and then go to the doctor to determine the extent of the injury. If the injury turns out to be more severe than a temporary discomfort and you don't go to the doctor now and your insurance coverage leaves.you with bills, then the league's insurance can chip in.

 

Thank you for bringing this back to what the OP was asking...which was not how to sue the gym. I agree. Businesses carry insurance that cover accidents. I had an Aunt who slipped on spilled water in a store and broke her hip. It was another patron who spilled water and the store had no idea it was there, but it still happened on their property and there insurance covered the medical bills. The OP hurt herself on their property and there should be an accident report filled out. This is proper procedure. IF medical attention is needed THEN the gym should pay. it is simple.

OP, definitely call back and get them to him to fill out a report and get a copy.

[Rebecca VA]

What kind of league, gym, etc. is this? Is the director's position a paid one? Who is responsible for the chairs? Because if the league runs on volunteers, It's kind of un-neighborly to start talking about insurance and lawsuits.

 

Although I agree that this may be something for the insurance companies to take up, the OP's whiny tone didn't exactly fill me with respect for her. To those who are likening this incident to the bike post, the OP reminds me of the "sister-in-law" character.

[TeenagerMom]

I can't imagine there would be a life long injury from falling from a chair. We're talking maybe 18 inches. How does someone who is in decent medical condition (not elderly etc.) get hurt from that??? It doesn't even sound like he OP needs to even see a doctor. It sounds to me like the OP already has it in her mind that there wil be doctor and chiropractor visits. Sounds strange to me.

 

Elise in NC

 

 

 

This is exactly what I was thinking. I didn't intentionally jump down the OP's throat. I just simply can't even fathom someone going to a physician or a chiropractor for even a 2-3 ft fall down onto their derriere. I'm an extremely clumsy person. I am the type that trips going up stairs, etc. I slipped on ice a month ago and landed HARD on my behind and was only sore for a day or 2. I fell in the local public school parking lot during snow because they have an awesome sledding hill over there. It didn't even occur to me to contact the school for an accident report even though my carpal tunnel flared in my right hand from catching myself and I didn't have use of my hand for 2 days. As someone who works in healthcare, I liken going to Dr for something like this to someone going to the ER for a splinter.

[JFSinIL]

If you plan on having them pay, then yes, you need to go to the dr for documentation. I know whenever an accident happens and we seek treatmen, our insurance always sends a questionnaire to find out who/ what/when/where/why/how.

 

 

 

Yes - don't wait to see a doctor if you are in pain. Let your insurance know that it was an accident that happened at XZZ and let insurance rangle it out. Also let XYZ know that you are seeing a doctor for pain caused by their leaving a broken chair out and they need to file an accident report as your insurance will be contacting them.

 

Pay the co-pay. Odds are you will get it back (eventually).

 

If you do not get medical treatment NOW you will have no recourse (proof you were injured) and if it turns out you really NEED treatment you will not be able to get the other party to cover it.

 

Oh - and folks who question someone getting hurt from just a "minor" fall - guess YOU have never landed wrong on your tailbone and cracked it, have you? Or jarred a spine. Even if a damaged tailbone can not be fixed, there is certainly long-tern pain from it, rubber donuts to buy for sitting, and it affects the quality of life. Not in a major way, true - but still, not pleasant. It has been almost ten years since I slipped on ice and damaged my "butt bone " (thanks, kids!) and it still hurts to this day. :-(

 

Don't downplay the hurt unless YOU have experienced it! Stupid tailbone!

[speedmom4]

 

 

 

Yes - don't wait to see a doctor if you are in pain. Let your insurance know that it was an accident that happened at XZZ and let insurance rangle it out. Also let XYZ know that you are seeing a doctor for pain caused by their leaving a broken chair out and they need to file an accident report as your insurance will be contacting them.

 

Pay the co-pay. Odds are you will get it back (eventually).

 

If you do not get medical treatment NOW you will have no recourse (proof you were injured) and if it turns out you really NEED treatment you will not be able to get the other party to cover it.

 

Oh - and folks who question someone getting hurt from just a "minor" fall - guess YOU have never landed wrong on your tailbone and cracked it, have you? Or jarred a spine. Even if a damaged tailbone can not be fixed, there is certainly long-tern pain from it, rubber donuts to buy for sitting, and it affects the quality of life. Not in a major way, true - but still, not pleasant. It has been almost ten years since I slipped on ice and damaged my "butt bone " (thanks, kids!) and it still hurts to this day. :-(

 

Don't downplay the hurt unless YOU have experienced it! Stupid tailbone!

 

 

I can see someone being hurt from a fall on ice. That makes total sense that someone could have pain for years after that. But a chair? Unless the fall was onto a concrete floor I can't even imagine how it would even bruise the skin. It felt like the OP had already determined that this "fall" merited a lot of medical intervention (doctor visits, chiropractor appointments). It just doesn't make sense. The title also sent up red flags.

 

Elise in NC

[DianeW88]

It was an accident. When there are accidents, whether car accidents or accidents on someone's property, there are insurance protocols for who pays, just like in a car accident. In a place of business, a gym, etc, the organization is often partially or fully responsible for things that occur on their site, whether there is truly something they could have done about them or not, just like I am responsible if I hit the back of someone's car after I have come to a full stop even if I've been hit from behind myself by a drunk driver still accelerating and my car was launched forward without my consent. I haven't done anything wrong in that scenario, but the way our society has worked out the rules, my insurance still pays for the car in front of me.

The bolded is not true. I have, unfortunately, been in the middle of three (yes, three...unbelievable) chain reaction car crashes. The insurance of the person responsible for the accident paid for the damages of ALL the cars involved. All three times. The police never even gave me the insurance information for the car that struck me, nor did they give my insurance information to the car I struck. Whoever was at fault pays the bills.

[DianeW88]

I can see someone being hurt from a fall on ice. That makes total sense that someone could have pain for years after that. But a chair? Unless the fall was onto a concrete floor I can't even imagine how it would even bruise the skin. It felt like the OP had already determined that this "fall" merited a lot of medical intervention (doctor visits, chiropractor appointments). It just doesn't make sense. The title also sent up red flags.

 

Elise in NC

I agree. The title of the post asked for "legal advice". It was not titled "Insurance question after an injury"...as in "How do I get another insurance company to take responsibility for my injury?" Asking for legal advice for an injury implies that you want to contact an attorney and sue someone.

[Mergath]

I don't see why so many are jumping down the OP's throat. She is not talking about suing anyone. She is worried about paying medical costs. No one here, including OP, knows the extent of her injuries, whether it is "just a bruised tailbone" or whether it's something that will dog her the rest of her life, which back injuries can do. I didn't see one single thing in the OP's post that indicated she was going to try to make a killing off this, only that she might seek compensation for her medical costs. That is totally normal and doesn't require suing. Perhaps the injury turns out to be nothing--she's not saying she'll do anything in that case. However, it could well be a long-term injury. Perhaps everyone jumping on her could easily cover co-pays for multiple visits to PT, chiro, MRI, or whatever it is that might happen if it's more than a temporary bruise. However, $25 co-pays can add up quickly in that scenario, and there is often a limit on PT.

 

 

 

My thinking is that if a person can hurt themselves so badly from falling off a chair that they require multiple doctor visits, physical therapy, and MRIs, it's probably better if they don't leave the house. :blink: I've fallen down a flight of stairs and didn't even require all that.

[Word Nerd]

It stinks you got hurt and I hope you feel better soon. But I don't really get why you'd foresee the need for multiple doctor and chiro visits for a minor accident. Have you done any self-treatment? I'd take it easy, take ibuprofen, and apply a heating pad. That was all the treatment necessary when I had a similar injury.

[MooCow]

Health insurance isn't supposed to be used for accidents that are covered under another type of insurance, such as liability insurance potentially in this case. Your health insurance may refuse to pay for such an injury. Using the proper insurance to pay for medical costs is not the same thing as threatening to sue for millions of dollars for emotional distress caused by seeing basketballs from now on or something. :)

 

ETA: If you are injured to the point of needing medical care, the insurance carrier would 1) tell you whether they are accepting the claim and then direct you as to how they do things (either the doctor bills them directly or they reimburse you) or 2) tell you they are refusing the claim and then you would need to pay out of pocket NOT through your health insurance and decide how you want to proceed.

 

:iagree:

[Forget-Me-Not]

 

The bolded is not true. I have, unfortunately, been in the middle of three (yes, three...unbelievable) chain reaction car crashes. The insurance of the person responsible for the accident paid for the damages of ALL the cars involved. All three times. The police never even gave me the insurance information for the car that struck me, nor did they give my insurance information to the car I struck. Whoever was at fault pays the bills.

 

I agree. My husband was the middle car in a chain reaction crash as well, and we didn't have to pay anything. In fact our front end had already had some minor cosmetic damage from a fender-bender I had been in a few weeks before. We hadn't bothered fixing it, but it got fixed after all because the front end was damaged further in his accident.

[Lady Florida.]

OP I would make sure an accident report is filed. Tell the director or whomever is in charge of the building that you want one filed and don't take no for an answer.

 

Twelve years ago I slipped because of water in a city building. I did a cartoon bounce down a small flight of stairs (picture a cartoon character bouncing down each step on his bottom end). There was quite a bruise and it was very sore, but I did have some back problems at the time, so I let it go. While I know that not all of my back problems are related to the fall, I don't know that none of them are. I wish I had done something back then. Years later when I started seeing doctors for my back pain, it was too late to do anything about it. Don't wait. You might not need to see a doctor, and you probably won't have long term effects, but it's better to take precautions. The first precaution is to make sure the incident is documented with an accident report.

 

I hope an accident report is the only thing you need to do. IOW, I hope your injury is minor and you'll be feeling better soon, with no lasting effect.

[Lady Florida.]

 

ETA: If you are injured to the point of needing medical care, the insurance carrier would 1) tell you whether they are accepting the claim and then direct you as to how they do things (either the doctor bills them directly or they reimburse you) or 2) tell you they are refusing the claim and then you would need to pay out of pocket NOT through your health insurance and decide how you want to proceed.

 

Our ins. company often pays the claim but then sends us a questionnaire for anything that seems like an accident. I'm assuming (correctly I think) that if it was an accident, they would sue the ins. company of wherever the accident happened.

[zoobie]

I can't imagine there would be a life long injury from falling from a chair. We're talking maybe 18 inches. How does someone who is in decent medical condition (not elderly etc.) get hurt from that??? It doesn't even sound like he OP needs to even see a doctor. It sounds to me like the OP already has it in her mind that there wil be doctor and chiropractor visits. Sounds strange to me.

 

Elise in NC

 

 

One of our good family friends had a rolling office chair slip away as she sat. She fell on her tailbone, fracturing it and two vertebrae. She's now had two back surgeries. She was in great shape before, had 4 children, ran half marathons, and had never broken a bone! (Yes, workers' comp insurance paid for her medical treatment, not her health insurance. And no, she wasn't milking the system. She made way more than $450/wk and was chomping at the bit to be cleared to return to work.)

 

Freak accidents happen all the time. I try to be careful of criticizing someone else lest something similar happen to me. It sucks to eat crow.

 

OP said she mislabeled her post. Even without that statement, why is getting legal advice a bad thing? It doesn't mean you're going to sue frivolously. Knowing your rights is important, as is knowing the "right" way to do things. Lawyers do much more than just file lawsuits, and consulting one doesn't make you a gold digger. If she had a gardening question and asked for horticultural advice, would she be pilloried?

[VeteranMom]

I don't see why so many are jumping down the OP's throat. She is not talking about suing anyone. She is worried about paying medical costs. No one here, including OP, knows the extent of her injuries, whether it is "just a bruised tailbone" or whether it's something that will dog her the rest of her life, which back injuries can do. I didn't see one single thing in the OP's post that indicated she was going to try to make a killing off this, only that she might seek compensation for her medical costs. That is totally normal and doesn't require suing. Perhaps the injury turns out to be nothing--she's not saying she'll do anything in that case. However, it could well be a long-term injury. Perhaps everyone jumping on her could easily cover co-pays for multiple visits to PT, chiro, MRI, or whatever it is that might happen if it's more than a temporary bruise. However, $25 co-pays can add up quickly in that scenario, and there is often a limit on PT.

 

It was an accident. When there are accidents, whether car accidents or accidents on someone's property, there are insurance protocols for who pays, just like in a car accident. In a place of business, a gym, etc, the organization is often partially or fully responsible for things that occur on their site, whether there is truly something they could have done about them or not, just like I am responsible if I hit the back of someone's car after I have come to a full stop even if I've been hit from behind myself by a drunk driver still accelerating and my car was launched forward without my consent. I haven't done anything wrong in that scenario, but the way our society has worked out the rules, my insurance still pays for the car in front of me.

 

In this case, though, the organization had a defective chair. I can tell you that in the organization I work for, we would consider that our responsibility, whether someone else accidentally set it up or not.

 

OP, I think you should call the league director, tell him that you are still in pain and ask him to file an accident report, and then go to the doctor to determine the extent of the injury. If the injury turns out to be more severe than a temporary discomfort and you don't go to the doctor now and your insurance coverage leaves.you with bills, then the league's insurance can chip in.

 

Thanks for this reply. I appreciate you defending me.

I corrected myself last night and posted that I worded my heading wrong and it was more of an insurance compensation question. I've never hired a lawyer in my life and certainly don't have an injury attorney on speed dial. I'm not going to go into the details of why I participate in the league, why am I leaving the house if I am so fragile, what type of surface I landed on, why would I want to sue and what's wrong with me, etc. It was a question about the process to follow. I was in pain last night. I was hurt and am still hurt today.

[Laurie4b]

The bolded is not true. I have, unfortunately, been in the middle of three (yes, three...unbelievable) chain reaction car crashes. The insurance of the person responsible for the accident paid for the damages of ALL the cars involved. All three times. The police never even gave me the insurance information for the car that struck me, nor did they give my insurance information to the car I struck. Whoever was at fault pays the bills.

 

 

In our state, it most certainly is true. However, the main point is that there are protocols for accidents. It definitely is protocol, when you are injured somewhere outside your home, that the insurance of the league, etc. could contribute to your medical care.

 

In our baseball league, a kid got badly injured from walking between a dad and his kid throwing a baseball back and forth--not even especially hard--it was an elementary school league. The kid didn't see he was walking between them and got hit just in the wrong spot in the face. It knocked out some teeth and some orthodontics work. The parents had some insurance, the dad who threw the ball offered to pay, but the league's insurance took care of cost of the accident. It was the chain of responsibility and the appropriate thing to do.

[Laurie4b]

Thanks for this reply. I appreciate you defending me.

I corrected myself last night and posted that I worded my heading wrong and it was more of an insurance compensation question. I've never hired a lawyer in my life and certainly don't have an injury attorney on speed dial. I'm not going to go into the details of why I participate in the league, why am I leaving the house if I am so fragile, what type of surface I landed on, why would I want to sue and what's wrong with me, etc. It was a question about the process to follow. I was in pain last night. I was hurt and am still hurt today.

 

 

Then please go to the doctor and get checked out because as a pp said, if you don't go now and it ends up you are injured longterm, you will be totally on your own because there will be no documentation that you were injured in the event you are describing. It's the same as what they tell you when you're in an auto accident. Go get checked out.

[Cinder]

I can't imagine there would be a life long injury from falling from a chair. We're talking maybe 18 inches. How does someone who is in decent medical condition (not elderly etc.) get hurt from that???

One of our good family friends had a rolling office chair slip away as she sat. She fell on her tailbone, fracturing it and two vertebrae. She's now had two back surgeries.

 

When I was 13yo I fell on my tailbone when someone pulled a chair out from under me as I was about to sit down. I fell onto a carpeted floor. Hard. Fortunately nothing was broken but I was in pain for weeks. I remember my doc saying if you hit your tailbone a certain way it could paralyze you.

 

OP I hope you're feeling better soon! :grouphug:

[Down_the_Rabbit_Hole]

My thinking is that if a person can hurt themselves so badly from falling off a chair that they require multiple doctor visits, physical therapy, and MRIs, it's probably better if they don't leave the house. :blink: I've fallen down a flight of stairs and didn't even require all that.

 

Well, I am glad you did not have anything broken, but sometimes things hit just so and CRACK. I am in excellent health but slipped on a step in just a certain way to cause me to break my lower leg to all heck and back, dislocate my ankle, and chip my heel bone. I am not fragile or have any weakness of bones. It was a freak things. Even the Dr could not believe how much damage I did from a simple fall but it happened. To say a person should not leave the house because they are too fragile is extremely insensitive.

[Laurie4b]

My thinking is that if a person can hurt themselves so badly from falling off a chair that they require multiple doctor visits, physical therapy, and MRIs, it's probably better if they don't leave the house. :blink: I've fallen down a flight of stairs and didn't even require all that.

 

Mergath, this doesn't seem like you. Your posts are mostly reasonable and compassionate. This post is neither.

 

It's irrational because major injuries can happen from what seem like minor events; it's all a matter of if you hit in just the wrong way. Even if you're a medical professional, you haven't examined her so you don't know whether it's "just a bruise" or if she hurts because there's a fracture, or some other injury. And back injuries can be real bears that last a lifetime. Many examples have been described in this thread already of people getting major injuries from what seem like minor occurrences.

 

It's also very unkind. I don't believe that you actually meant what you said, that people who could hurt themselves badly from falling from a chair should just "stay home." Home is dangerous, too, for people like that. Many elderly people die from falls that wouldn't be "that bad" for most people. I myself, as a result of cancer treatment, have significant neuropathy in both feet. That makes me a fall risk in and of itself, because I can't feel the surface area I'm walking on with my feet. Additionally, the drug I am now taking is sucking calcium from my bones, contributing to my risk of a fracture if I do fall. It may not be many years for me before I am in just such a situation. I don't really believe your advice to me would be a mocking," You should stay home."

 

Though the OP didn't mention any pre-existing conditions, things are quirky and depend on just how you hit so she could actually be injured. Neither she nor any of us know that yet. But in judging and mocking her, you mocked a lot of people.

[Catwoman]

Personally, I think the OP is seriously over-reacting.

 

OK, she fell down and hurt herself. But she's acting like there's long-term suffering here, and at this point, it sounds like she took a little tumble and is sore today, so I view her post as a complete over-reaction to the actual incident. In her OP, she said she was in "some pain," which hardly sounds like she's "suffering."

 

I know she is saying that she isn't planning to sue over this, but she is also using terms like "poorly maintained equipment," and saying she doesn't see why she has to "suffer" and pay the co-pays, which is making some of us wonder if she posted about it just to see if people would tell her she had a case against the facility.

 

I guess I just don't understand why she wants to rush off to the doctor and the chiropractor just because she fell off a chair and is sore today. :confused:

 

VeteranMom, I'm sorry if I'm misunderstanding you here, but you seem incredibly angry and bitter over what appears to many of us to have been a simple, minor accident. I feel like I'm missing something, and if I am, I apologize.

[Rebecca VA]

Laurie, again, I think people just got irritated with the OP's tone. Just a few hours after getting injured, she was predicting endless doctor and chiropractor visits which she stated she didn't want to pay a small $25 co-pay for. She was heaping blame all over her child's sports association (which may well have been a well-intended group of volunteers). Lots of self-pity and blame. Ick.

 

I'm usually pretty sympathetic, but I found myself rolling my eyes at the OP.

[Miss Peregrine]

I didn't see her use the word 'negligence' at all.