I am off on a workers comp case from a petsmart store. the piece of equipment that led to my injury is still being used on a daily basis and has not been fixed. What are my options if the dr realeases me from full disability before the equipment is repaired? As an aside this equipment has been broken for the year and a half it took them to decide i was really injured and at least another 4-6 years prior to that. We were told they were not replacing any equipment as we were going to be getting a new store. Well 3 full years later and we are still in same store with same old, bad, damaged equipment and flooring.
State/Country relating to question: Michigan
The individual store has the original incident report stating the cause was my pulling on a 4 bank set of stainless steel cages with rusted. frozen wheels At one point someone came in and tried spraying the wheels of one set of cages to try to get them to unstick, they were unsuccessful. There are at least 5 or 6 sets of cages all with frozen wheels. We were told that they were not replacing any of our equipment because we were going to be opening a new store. That was in 2006, and 2007 and 2008, We still are in the same store with the same old defective equipment.
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Report the unsafe equipment and your injury to OSHA right away. They should send an inspector and either shut down the machine or at least dictate that you do not have to use it until it is replace/repaired.
As an aside, I hope you have a workers' comp attorney to represent your legal interests regarding your injury.
Please let me know if you need additional information.
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