Damage from hitting curb on company property

[mightymoose]

OSHA has nothing to do with the way you drive your personal vehicle. This won't result in getting the repair paid for.
The most likely result is that you start the new year looking for new employment.

 

[cbg]

You just keep right on thinking that OSHA is going to require your employer to reimburse you.

 

[zddoodah]

Situation at Job

although the main roads were cleared my company did not bother to plow or to salt their HQ property.

Does your employer own this property or does lease the property from someone else?

Legally who would be responsible for this?

You are responsible for repairs to your car until and unless one of the following happens: (1) a court declares someone else is responsible; or (2) someone else voluntarily accepts responsibility.

If you're asking for a prediction of how things would turn out if you sued, we have no way of intelligently assessing it. You may have an argument that your employer (or whoever owns the parking lot) was negligent, but your employer would have an argument that your loss of control is prima facie evidence that you were driving too fast for conditions. In other words, there are arguments that cut both ways.

When you spoke with your supervisor or the facilities manager at your employer about getting some compensation for the alleged damage, what response did you get?

I've already submitted a complaint to OSHA because new requirements require employers to keep all working walk surfaces free and clear of ice and snow. But OSHA won't likely be able to compensate me at all for damages.

OSHA is not a charity and certainly is not going to compensate you for anything. I also seriously doubt OSHA imposes any requirement for an employer to maintain the parking lot in a particular way (and a parking lot is certainly not a "working walk surface").

Is it possible to use this and prove that they're negligent and their negligence led to my accident?

In the abstract, virtually anything is possible.

Here's documentation that I have already.

All you attached was two photos: one of the entrance to the lot and one of the lot itself. Neither is particularly probative of anything.

Alright. Well I'll just file with osha and the city anyway. At least they'll be fined good and plenty.

Unlikely, and doing this is likely to be damaging to your career with this employer.

the argument that they didn't have enough time to remedy the situation won't stick in a court of law.

I'm curious to know how many negligence cases you've litigated such that you believe you have the necessary expertise to opine about something like this.


Situation with tire installation

I bought a set of 4 tires at costco and had my tires changed out. After they were done, I noticed that the damaged one of my rims! It's been almost a month now and they still won't take responsibility for the damage saying that they have video but can't find any evidence that they were the ones who caused the damage. Neither they or their insurance will claim responsibility for it. I don't know what else to do at this point. What are the chances i'd win in a small claims court?

How should we know? All we have is a three sentence statement from you about what happened, and one of those sentences works against you. We have no idea what the tire installer would say in testimony, and we haven't seen the video evidence.

 

[Brian J. Kendrick]

Alright. Well I'll just file with osha and the city anyway. At least they'll be fined good and plenty. I'm legit confused. So if you fall at work and value your job you shouldn't claim workers comp too?

 

[PayrollHRGuy]

Alright. Well I'll just file with osha and the city anyway. At least they'll be fined good and plenty. I'm legit confused. So if you fall at work and value your job you shouldn't claim workers comp too?

This isn't a workers' comp issue that has a completely different set of laws. Like you have already been told this is not an OSHA issue. And I doubt the city will care. So your job may be on the line and your employer will not be fined for this.

 

[justblue]

This isn't a workers' comp issue that has a completely different set of laws. Like you have already been told this is not an OSHA issue. And I doubt the city will care. So your job may be on the line and your employer will not be fined for this.

psst!....PayrollHRGuy!! Brian J isn't the OP...he is a hijacker.