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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I am a nurse and leaving work had a severe fall on the damaged

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I am a nurse and leaving work had a severe fall on the damaged sidewalk leading down an incline to the parking area at the back of the bldg. The nursing home told me it was their sidewalk but was on RM property, at least the 1-2ft where i had fallen. They told this to WCB who after accepting, then declined my claim...suffering a great multiple of injuries i continued to try to work for 1.5yrs, with many dr. notes requesting a decrease in shifts, which was declined by my wkplace..the injuries had not resolved and further developed into a dx of fibromyalgia...increasing sick time, failure of my wkplace to assist my medical needs, lack of proof of their claim that i was a foot off their sidewalk, intense stress, exhaustion, pain and many other symptoms progressed, even abuse by other co-workers ensued..i changed m.d. s as mine due to a conflict of interest with my wkplace, my new m.d. took me off wk. since this past march..I now am at home with no pay, waiting for insurance to review things, used my E.I. sick time over the summer. Specialist informed me that I should not return to this workplace, that I must learn to live with and manage my chronic pain condition. The wkplace also refused my request to repair the sidewalk, and still have not. I am using my older son's college savings i had for him, which is not much as i have been a single mother for 15 years with 2 sons, to pay my bills at this time. Please help guide me in this mess.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

I am sorry to hear this.

I suggest you immediately consult with a personal injury lawyer. If WCB is not covering this you have the right to sue the employer.

You will have to prove the sidewalk is on their property.

If you are saying this may be Crown property you may be too late to sue as you are generally obligated to provide a notice of claim shortly after an accident.

Seeing a lawyer should be considered an urgent matter at this point in time.

The lawyer will need to hear the facts, review the WCB documentation and any medical records you may have.

Threat of a lawsuit when coming from a lawyer may be all it takes.

As well, many personal injury lawyers will work on a contingency fee basis.

\You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

204-943-2305 or toll free 1-800-262-8800 (from outside Winnipeg)

Let me know if you need any further clarification.
Customer: replied 1 year ago.

The union employee had at one point informed me that my workplace should have accomodated my medical notes as my m.d. was trying to reduce my hours, # XXXXX shifts and lighten the duties. The MNU employee told me that this conflict may be a human rights matter. Also I did inform the RM regarding by letter twice since the accident and kept copies, having them dated and signed by one of their own. They called and asked me to give them the WCB claim official's name recently. should I do that for the RM?

Expert:  Legal Ease replied 1 year ago.
I think that right now you should not do anything more before you see a lawyer.

Essentially, you've been badly hurt. Someone is at fault. Whomever is at fault should be compensating you. No one wants to pay.

So have a lawyer review the facts and likely the lawyer will want to threaten them all with a lawsuit and then something will happen.

Your employer owed you a duty to accommodate your disability and the special needs arising from this disability and not doing so is considered to be discrimination.

The problem is that because you have a union it's the union that should be representing you and fighting the employer.

You can call the Human Rights Commission but as you are in a union they may say you need to go to the union and not them.
Customer: replied 1 year ago.

Thankyou Debra, if that is your real name...I have only just begun to be able to fight a little more...I am only 44 and having led an all round stressful life have always been a survivor, but honestly this one knocked me off my chair...will follow your advice and call someone today...I appreciate your kind words..I am as my boys are a gentle soul, and trying to get them to toughen up as it seems this type gets walked on a lot in life, as I have...so onward and hopefully upward...thank you again.

Expert:  Legal Ease replied 1 year ago.
You are very welcome.

I am saddened to hear this but you sound very strong now and creating gentle boys is something to be commended in my view!
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 87617
Experience: Lawyer
Legal Ease and 2 other Canada Law Specialists are ready to help you

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