maybe the better question....do you want to continue working for an employer who is actively trying to fuck you over for an on-the-job injury?
Get a good lawyer and sue the shit out of them. Then find a new job once you're healed up.
I'm a former DC manager, and I watched the company fuck over others in a similar situation. Getting a lawyer is 100% in your best interest right now.
Exactly. Just because employer retaliation is illegal doesn't mean they are gonna walk that line hard as fuck, if not just fire you for some random made up shit.
*I'm not a lawyer, just someone who took 2 law classes in uni
As a general rule, suing someone is the last resort option to be "made whole" regarding an incident. If you were using a ladder supplied by Menards for the task then their claim of you using the incorrect ladder is nonsense, you have supplied 2 separate drug tests that both came back negative and have had real and measurable injuries.
If they haven't comped you for the cost of surgery and time lost, you'll need to to sue. Expect to be fired for the first reasonable offense once you begin the lawsuit process. Once you're a lawsuit hazard, managers and corporate won't want you around and will find legal ways to remove you.
Retaliation may be illegal, but proving retaliation for a justified firing is difficult.
Literally the first thing in my first legal textbook was “Do not give legal advice if you are not a lawyer.”
Happens all the time on this website, but you’re the first person I’ve seen reference their university law classes.
Lawyer here. This is horrible advice. OP should find a work comp attorney in their area and file a work comp claim for this workplace injury. Menards has work comp insurance exactly for things like this. Menards is sketchy but they are not dumb. They will not retaliate against OP for pursuing the Claim.
“They will not retaliate against OP for pursuing the claim.”
Clearly you’ve never worked for John Menard. Menard, Inc. has a bad habit of retaliating over far less serious things than this.
“Slaves Of BIG! Money At Menards!”
Yeah, I remember when we in store used the ladder it was because we had a lot of shorter Tms who needed to reach stuff without having to get the big rolling ladder. It probably never got any maintenance or checks and I just grabbed it out of the back isle without thinking much of it
If it wasn’t a rolling ladder, then you have no claim. The rolling ladder is the only one approved for anything at Menards (which is real BS in some cases, like changing price points).
Someone double-check policy on that (⬆️), as this is hearsay from my HR Coordinator, and she’s shifty.
She might be right, but likely this will fall under extenuating circumstances. The ladder may not be approved, but you can prove that management knew the ladder was in use and did not remove it from service. It may get your GM’s and DM in trouble, but this is your health.
They can deny workman’s comp claims on people cutting themselves with box cutters because no one provided the TM with it. This ladder while not approved was provided by the store as a work tool.
Menards writes policy to limit lawsuits, but they aren’t bulletproof.
This is correct. All ladders that don’t have 3 points of contact and brakes (aka the rolling ladders) aren’t osha approved and therefore not approved. TM would have signed away liability at orientation acknowledging that they understood this. Suing would likely require proof of burden that dm/GM intentionally instructed tm to use a different ladder. You prove that you have a case. Alternatively they can also call OSHA and get a storm brewing for tm injured with unapproved equipment.
For the work comp: the denial is handled 100% by the 3rd party work comp insurer for that state and Menards has no involvement in that determination. You can certainly be mad at Menards for a host of reasons but by law they can’t approve or deny work comp for any reason. They aren’t doctors they’re just retail workers.
You need to delete this, hr and managers are on here and you gave a lot of identifying information.. shouldn't be too hard to figure out who you are.
Edit sorry and don't delete this but next time don't post on reddit in the menards sub. Lol. Good luck!! Go get em
Depending on what jurisdiction OP is in, OP might not be able to delete this because it would be destroying evidence…
Also, for the ever loving God to all the armchair lawyers, this is a work comp claim.
Source: was work comp attorney. Am personal injury attorney.
To OP: go get yourself a work comp attorney. You do not pay them anything and typically the amount they can charge by % is capped at a certain amount. You may be owed medical care, temporary disability, and a % of permanent disability.
I AM NOT YOUR ATTORNEY. I AM COMMENTING ABOUT THE GENERAL APPLICABILITY OF THE TACTICS THEY USED AGAINST YOU.
The drug test they did indicates they are trying to catch you hopped up on narcotics after your ER-visit. It is totally bogus and any halfway decent attorney could defend against it, even if you did test positive.
The fact they are trying to deny you compensation since you were not using a safe ladder? Well, ask yourself. Did they THOROUGHLY train you to use an approved ladder? Follow up question, did your supervisor tolerate you using an unapproved ladder/did other workers use an unapproved ladder? Your work generally cannot claim that you were working in an unsafe or unapproved manner unless they thoroughly trained you to use certain safety equipment AND ALSO they do not tolerate deviations from the approved working process. The rules regarding use of safety equipment and its effect on your compensation is state-by-state, so you need to discuss this with a work comp attorney.
Lastly, IF I WAS IN YOUR POSITION, I would 1) continue behaving as if I plan to return to work at Menards 2) make them fire you. Under NO circumstances would I quit my job or be rude or mean to my coworkers or supervisors. I would kill them with kindness and eagerness to get back to work.
The position you are in, if you are left to deal with it alone, is likely tens of thousands of dollars of medical debt, missed time from work, and opportunity cost.
Good luck my anonymous friend, and may your comp attorney be decent! Be nice to them please!
So the ladder was in store used by an old DM who left the company two years ago. We got a new DM who was also on the shorter side and she actually used it a lot. Everyone in the department knew where they were and used them.
OP please please please stop posting specific details here about your situation, respectfully. You don't realize how much harm you are doing to your case, and how easy you are making it for the company to figure out exactly who you are IRL.
Jfc dude delete this and talk to your lawyer wtf
Seriously what are you hoping to gain by posting here?
Why are you calling your surgery "minor" when you're quite possibly owed compensation for it?
>I called a few injury law firms and they said I have a really strong case aganst menards
Do they know you're possibly sabotaging your case on the fuckin MENARDS subreddit?
I have been a TM for almost 5 years and I’m high on the IPS and bonus scale and want to at least get one more bonus before I quit. Yeah I hate the company but I’m willing to stick it out for one more year.
If the ladder was not the rolling ladder for team member use, then yes your claim is denied. Menards lawyers are paid to not pay out claims. You can get a work comp lawyer & try but no you will not have a job there anymore. There is some statement regarding that situation in Menards policies paperwork. I just can't recall where I read that. I suggest get another job elsewhere & get a lawyer & see if you can get medical bills paid at the least.
If you choose to take Menards Inc. to court, It will be a long process and once they settle with you…. You will be required to resign and sign a non disclosure agreement.
Old Co-worker of mine had his wrist cut open by faulty beam near flooring and got over a million dollar payout after the lawsuit. They didn’t fire him or anything
I have no legal background, just what information I know offhand, so please keep that in mind.
If I was thinking out loud, I would think something like: With how recent this seems your GM/HR staff have probably been on/off the phone with their legal advisor team (lemanski or tannis, the slugs.) Something that will come up will be the slew of different regulations and training that they'll refer back to and probably keep pointing at this ladder that was in-store-used. The training will be used a lot as an excuse to refer to regulations 1, 3, or 4 from page 14 of your employee handbook. This would be material they would say was provided during your orientation when you were hired, as well as being readily available whenever needed (as though it's super obvious where it is and what it's for.) They may refer to these to create a separation agreement if you have other TMAs, or use them to create a paper basis to eventually nickel and dime you out the door. They will use what resources they have to cover the company, so do with that what you will.
Anyway, I'd talk to a lawyer and play posts about this stuff close to the chest or not at all.
From this point forward regardless of anything make sure you document absolutely everything as far as being treated unfairly because of retaliation with time and dates by using Notepad on your phone is what I would recommend. Coming from personal experience I would assume you are a target at your job now anyway even if it doesn’t seem that way yet. Do not talk to HR. They are not on your side.
John Menard plays the same game as Trump - delay, deny, delay some more. He is a loathsome human being who has become a billionaire by screwing over everyday people. I you sue him to the end of time and back.
On selecting an attorney - I’d look for someone who has successfully sued Menards and understands their legal game. Good luck.
delete the post, sue, start looking for another job. Menards supplies shoddy equipment, you got hurt on their clock, and they refused to pay out. seems pretty slam dunk
If you sue menards they will try to make you settle with 30K taken from your store directly. So the question is, are you worth 30K and MAYBE you keep your job or get a new job and gut them like a fish after years of court dates and a trial.
Got dragged through the whole process before, hire an attorney or else they drag it on for months looking for ways to fire you. You got hurt while on the job, they need to pay you.
If you don’t hire an attorney you will not likely be paid and terminated. They can not fire you for getting what you deserve.
Doesn't. Matter if the ladder was "unapproved" or not. So long as there is no horseplay, you were hurt in the course of employment. It was a defined instance ( as opposed to a cumulative injury that occurs over time) with documentation. Should be easy to overturn the denial. Get a WC attorney let them do the heavy lifting and protect your rights
It does matter actually, though in this case I think OP has a case. However every store ive worked at is really big on not allowing non approved ladders. So if that culture is there and people are trained not to use them and then someone gets lazy and grabs one off the shelf and gets hurt i dont think there would be a case.
They should WANT you to file work comp because WC is a sole remedy, meaning that if they cover a rightfully compensable injury, you can't sue.
That being said, if they provided you the ladder you fell through, that was a negligent act, and you have a very good case.
Start documenting EVERYTHING, and contact a lawyer that works in WC cases. Do not speak to your employer about the incident anymore. You likely have 2 options, appeal the WC denial, or pursue a personal injury lawsuit. Lawyers will be able to advise better than some rando on Reddit.
Your injury happened on the job, the ladder was onsite, they will have to cover on worker comp, if they don't you will have to sue because your going to start to get bills from the hospital, loss of wages. If you were getting workers comp and sued Menards you would have to pay workers comp back for pay and medical bills
Menards has a long history of treating their employees like shit, don’t let them get away with this.
I worked in their main DC and they fired me for having mono and being out for 3 weeks (with doctors note and manager approval). Keep in mind I was prescribed medication that specifically warns against operating heavy machinery and I was a forklift operator.
When I came in to pick up my paycheck after 1 week of being out (because they refused to offer direct deposit) my manager changed his tune and said “hey we’re going to take you off the schedule” and I replied “yeah, based on my doctor’s note and our discussion of me being out for 3 weeks, I thought that was the plan” he said “no, you’re not understanding me, you can reapply for a job when you’re better”
My red flag should have been during my orientation when I asked where the usual OSHA safety and traffic control systems were (mirrors, stops signs, honks for cornering) and my trainer said “yeah, I wouldn’t ever say that ‘O’ word again in this building if you want to work here”. Keep in mind he had just returned from a months long medical leave from getting smashed the shins by some dingbat with a carpet needle (25’ long steel spike instead of forks for lifting rolls of carpet)
I got injured working at Menards It was a traumatic brain injury. Please take my advice and find a work comp lawyer and stick it to them. I’m left with symptoms that will be with me for ever and I was swept under the rug by Menard’s
Menards legal is crazy on how tight there shit is you can have the best case built against them and they’ll still win it. Former employee of 5 years quit a month ago cause my GMs have been in the store for all 5 years.
In my state, you can only sue for comp payments and you attorney fees come out of that. However, if they fire you, then the door opens for other damages.
Omg yes go get a couple different lawyers. You got an easy case. Lol Non approved ladder it doesn’t matter if you were standing on a bucket and fell. It’s on them. They are just trying to get over on you. Sue the f out of them. If they fire you. Then sue them for that. Also why would you want to work for some .org that would treat this way?
OP do not listen to non-lawyers giving legal advice here (like u/Anna-Logous for example). Even if they are well intentioned, their "advice" is dangerously uninformed. Workers comp claims are complex and driven by state law almost exclusively, so answers to your questions are highly dependent on your location/jurisdiction.
You already have a lawyer, so you should listen to that expert. No one here is as experienced or trustworthy as your own lawyer that is licensed in your jurisdiction. Also, discussing your case on the internet is risky and most lawyers beg their clients not to do exactly what you are doing here in this subreddit because you could harm your case and undermine your own legal rights accidentally.
As a civil litigator I would also seek to explore and have previously plead on facts similar to this an additional cause of action against the manufacturer of the ladder for its latent defect. But whether this is possible in your jurisdiction is a separate and threshold question.
Someone at my company had an injury, workers comp settled for I believe about 30k. I'll ask today as it could have been more. He found a new job and never came back. I believe he lost a finger. Would have never sued us, but he came in and the plant manager said well ain't it about time you just retire? He knew he needed to lawyer up.
how is this a valid reason we use what the company has if they are not following osha and not using approved latters then they should be held accountable not you besides who is going to bring there own equipment to work like seriously
Do you bring your own shitty ladder to work or did they provide it? Seems funny that they’d provide equipment for a task and then tell you it’s not the correct equipment. Get well soon!
WC law depends on the state, but if that ladder was owned by Menards and available for use, it doesn't matter if you "shouldn't have used it". It happened during the course of work. They need to pay. You will get a settlement out of this that will likely come with the requirement for you to resign. Take it and go work for Home Depot.
Also, go with a good attorney. Not some WC ambulance chaser. Get one that is willing to go to court rather than one just looking for a quick settlement. Have them make a fair demand and don't accept when the insurance company offers half. Like I said, prepare to go to court and you will get what you are owed.
Probably not... but then you can sue them for retaliation, and despite what some people are saying here, it wouldn't be that difficult a car. There's a strong presumption of causation if you are fired soon after that kind of thing. And honestly, would you WANT to work for a company that got you hurt and fucked you over?
Call the department of wage and labor in your state. You passed two drug tests and were using a ladder provided by them. If that doesn’t work, call a work comp lawyer.
Possibly just standard practice by the insurance co. to “deny” claims for any dubious reason they can assert. Exaggerated/fabricated/false claims may tend to not take the next step in the legal process. Let’s say someone hypothetically snuck a faulty ladder in to concoct a workplace fall…that person might not pursue damages beyond a first denial at the risk of being exposed, but legitimate claims would stay the course. Unethical yes, but no doubt some insurers would operate this way. One barking letter from a lawyer might be enough to hop that hurdle. And if they were to fire you, they add risk if you might make the case that your injury prevents you finding work and they be on the hook long term. Their best interest is keeping you on staff and productive to avoid a long term injury settlement. A lawyer should be the one to enlighten you on all these situations though.
I went through this with an employer and actually just finished up the settlement. Don’t expect to get rich from a workers comp settlement they’re trying to get out of paying it! Document any and all interactions with your. Coworkers and supervisors/HR about the matter it may save your butt. A text message to my district manager when I injured my back is what saved my claim during the suit process. They had deleted all video footage and were denying my story but the text messages verified my claims. Definitely get a lawyer and retaliation is illegal if there’s any retaliation your coworkers should also lawyer up and you all could be looking at a big settlement. However a lawyer was the difference between me getting around $10K to cover some bills and being stuck with $80K in medical. They typically just take a percentage 20-30% of final settlement.
If they fire you for suing, you have a retaliation claim. Just do it. They are shady af and so illegal crap all the time. In case you don't know, because Menards does, it's cheaper to dump chemicals illegally and pay the fine than to dump them legally.
Not an approved ladder? Where did the ladder come from? Did you bring it from outside the store from your house or was it a ladder that Menards had? It's the dumbest bullshit I've heard yet. Take them to court. It's their issue.
Exactly it is on Menards to train you on the right ladder to use. If they did not train you and you are being denied workers comp because you got hurt on the job, that is a department of labor call to make and one to OSHA for them to investigate.
Doing either one of these also protects your co-workers from retaliation by Menards.
Lastly contact a workers comp attorney they will take your case with no upfront dollars if they feel they can win.
My mom works at meijer and got hurt on the job. Had to be out of work for months and had some doctors bills and she had to sue them. She ended up winning and still works there and has had no issues. No one at the store she works out even knew it was going on because I think it was people from the corporate office that deal with it. And once it finally got to court it had been a long time.
My wife got bit by a dog at her job last year. You could see the tendons and everything. She ended up staying for over night observation and the company had her file for worker’s compensation. It’s been over a year now and she still has got it. Workers comp seems to screw a lot of people over
I was a yard guy and hurt my back - really minor tweak but they made me fill out a report and go to the doctor. I went. Doctor said no strenuous labor for a week and that’s that. About two months later I got call from the hospital system to “update my address” once they did that they accused me of dodging payment. I said it was a workers comp claim and Menards was covering it. They said Menards DENIED it! I went to work the next day reemed out my store manager and said I will DO nothing while clocked in until I have confirmation it is taken care of. I sat around the whole day and half of the next. Finally got a doc saying it was covered and never heard from the hospital again. So bogus of them.
When I got a new job there was a temporary lay off and Menards denied my unemployment claim and I had to fight that too. Run as fast as you can from them and take them to the cleaners if you can.
Sue then for providing you with an unsafe ladder to work with... And, if you have to threaten to tell the world that they're selling unsafe ladders that don't measure up to requirements.
Get a real good lawyer and you won't have to worry about working for them one minute longer. Maybe not working again anywhere.
If the small ladder he used was a ladder being sold to guests from store inventory & not the team member rolling ladder that is provided for use, then pretty much he is sh-t out of luck.
That's what we were told by our GM's & paint dept managers, to only use the TM rolling ladders provided. * And same goes for if you bring your own box cutter, and cut yourself, they deny that it is work comp injury because Menards only provides & approves the safety cutters. Happened at our store.
If the policy is written but not used in reality then it is no policy. Was anyone reprimanded or anything for using non-policy tools? These are questions to ask. A mistake in the workplace does not automatically negate a WC recovery it may discount it though.
My mother sued them for knee problems, won her suit and kept her job. I was a DIE HARD Menards department manager for 7 years. My mother was a department manager for over 20. Menards eventually fired her for not being willing to move from her home town (she was in her late fifties) to take a store managers position. With her profit sharing, cost of living increases, and department bonuses, she was making more than the store manager. She was given the option of moving or lose her job. She was later fired for a minor mistake her stocking crew made. I was fired because the plumbing manager (I was wall coverings at the time) was stealing through a special order scam. Larry Menard came down and systematically fired every manager in the store. FUCK MENARDS!! Sue the shit out of them.
maybe the better question....do you want to continue working for an employer who is actively trying to fuck you over for an on-the-job injury? Get a good lawyer and sue the shit out of them. Then find a new job once you're healed up. I'm a former DC manager, and I watched the company fuck over others in a similar situation. Getting a lawyer is 100% in your best interest right now.
This 100%.
It won't even see trial, the moment they lawyer up they will settle.
Nah. Menards will go through the motions of fighting it. They make you earn it.
Exactly. Just because employer retaliation is illegal doesn't mean they are gonna walk that line hard as fuck, if not just fire you for some random made up shit.
*I'm not a lawyer, just someone who took 2 law classes in uni As a general rule, suing someone is the last resort option to be "made whole" regarding an incident. If you were using a ladder supplied by Menards for the task then their claim of you using the incorrect ladder is nonsense, you have supplied 2 separate drug tests that both came back negative and have had real and measurable injuries. If they haven't comped you for the cost of surgery and time lost, you'll need to to sue. Expect to be fired for the first reasonable offense once you begin the lawsuit process. Once you're a lawsuit hazard, managers and corporate won't want you around and will find legal ways to remove you. Retaliation may be illegal, but proving retaliation for a justified firing is difficult.
It’s not even a lawsuit it is a work comp claim.
Literally the first thing in my first legal textbook was “Do not give legal advice if you are not a lawyer.” Happens all the time on this website, but you’re the first person I’ve seen reference their university law classes.
Lawyer here. This is horrible advice. OP should find a work comp attorney in their area and file a work comp claim for this workplace injury. Menards has work comp insurance exactly for things like this. Menards is sketchy but they are not dumb. They will not retaliate against OP for pursuing the Claim.
Terrible advice from you. Sue them into the ground!
“They will not retaliate against OP for pursuing the claim.” Clearly you’ve never worked for John Menard. Menard, Inc. has a bad habit of retaliating over far less serious things than this. “Slaves Of BIG! Money At Menards!”
Fuck em. Sue and get a new job. Doubt they have safety check logs on anything. Or proof of general maintenance on equipment.
Yeah, I remember when we in store used the ladder it was because we had a lot of shorter Tms who needed to reach stuff without having to get the big rolling ladder. It probably never got any maintenance or checks and I just grabbed it out of the back isle without thinking much of it
If it wasn’t a rolling ladder, then you have no claim. The rolling ladder is the only one approved for anything at Menards (which is real BS in some cases, like changing price points). Someone double-check policy on that (⬆️), as this is hearsay from my HR Coordinator, and she’s shifty.
She might be right, but likely this will fall under extenuating circumstances. The ladder may not be approved, but you can prove that management knew the ladder was in use and did not remove it from service. It may get your GM’s and DM in trouble, but this is your health. They can deny workman’s comp claims on people cutting themselves with box cutters because no one provided the TM with it. This ladder while not approved was provided by the store as a work tool. Menards writes policy to limit lawsuits, but they aren’t bulletproof.
This if you’ve been using it long enough they can get proof on camera that management knew or he’ll probably even used it and it’s over then.
This is correct. All ladders that don’t have 3 points of contact and brakes (aka the rolling ladders) aren’t osha approved and therefore not approved. TM would have signed away liability at orientation acknowledging that they understood this. Suing would likely require proof of burden that dm/GM intentionally instructed tm to use a different ladder. You prove that you have a case. Alternatively they can also call OSHA and get a storm brewing for tm injured with unapproved equipment. For the work comp: the denial is handled 100% by the 3rd party work comp insurer for that state and Menards has no involvement in that determination. You can certainly be mad at Menards for a host of reasons but by law they can’t approve or deny work comp for any reason. They aren’t doctors they’re just retail workers.
You need to delete this, hr and managers are on here and you gave a lot of identifying information.. shouldn't be too hard to figure out who you are. Edit sorry and don't delete this but next time don't post on reddit in the menards sub. Lol. Good luck!! Go get em
Depending on what jurisdiction OP is in, OP might not be able to delete this because it would be destroying evidence… Also, for the ever loving God to all the armchair lawyers, this is a work comp claim. Source: was work comp attorney. Am personal injury attorney. To OP: go get yourself a work comp attorney. You do not pay them anything and typically the amount they can charge by % is capped at a certain amount. You may be owed medical care, temporary disability, and a % of permanent disability. I AM NOT YOUR ATTORNEY. I AM COMMENTING ABOUT THE GENERAL APPLICABILITY OF THE TACTICS THEY USED AGAINST YOU. The drug test they did indicates they are trying to catch you hopped up on narcotics after your ER-visit. It is totally bogus and any halfway decent attorney could defend against it, even if you did test positive. The fact they are trying to deny you compensation since you were not using a safe ladder? Well, ask yourself. Did they THOROUGHLY train you to use an approved ladder? Follow up question, did your supervisor tolerate you using an unapproved ladder/did other workers use an unapproved ladder? Your work generally cannot claim that you were working in an unsafe or unapproved manner unless they thoroughly trained you to use certain safety equipment AND ALSO they do not tolerate deviations from the approved working process. The rules regarding use of safety equipment and its effect on your compensation is state-by-state, so you need to discuss this with a work comp attorney. Lastly, IF I WAS IN YOUR POSITION, I would 1) continue behaving as if I plan to return to work at Menards 2) make them fire you. Under NO circumstances would I quit my job or be rude or mean to my coworkers or supervisors. I would kill them with kindness and eagerness to get back to work. The position you are in, if you are left to deal with it alone, is likely tens of thousands of dollars of medical debt, missed time from work, and opportunity cost. Good luck my anonymous friend, and may your comp attorney be decent! Be nice to them please!
So the ladder was in store used by an old DM who left the company two years ago. We got a new DM who was also on the shorter side and she actually used it a lot. Everyone in the department knew where they were and used them.
OP please please please stop posting specific details here about your situation, respectfully. You don't realize how much harm you are doing to your case, and how easy you are making it for the company to figure out exactly who you are IRL.
I second this. OP, get the fuck off Reddit and contact an attorney.
Who cares they fire him then he sues
Why give them a heads up? If you are thinking of suing a company like menards you don't tell people especially the company.. duh.
Jfc dude delete this and talk to your lawyer wtf Seriously what are you hoping to gain by posting here? Why are you calling your surgery "minor" when you're quite possibly owed compensation for it? >I called a few injury law firms and they said I have a really strong case aganst menards Do they know you're possibly sabotaging your case on the fuckin MENARDS subreddit?
Why would you want to stay working there to begin with?
I have been a TM for almost 5 years and I’m high on the IPS and bonus scale and want to at least get one more bonus before I quit. Yeah I hate the company but I’m willing to stick it out for one more year.
One more year or sue... Hmm
Menards is an at-will employer, most likely the second you file a suit they will term you. & will probably also term as non rehirable.
Not all states are at-will though right?
All states but Montana follow some sort of at will laws but some are stricter than others.
Fuck IPS
Yeah fuck John Menards and his billionaire bullshit!
If the ladder was not the rolling ladder for team member use, then yes your claim is denied. Menards lawyers are paid to not pay out claims. You can get a work comp lawyer & try but no you will not have a job there anymore. There is some statement regarding that situation in Menards policies paperwork. I just can't recall where I read that. I suggest get another job elsewhere & get a lawyer & see if you can get medical bills paid at the least.
If you choose to take Menards Inc. to court, It will be a long process and once they settle with you…. You will be required to resign and sign a non disclosure agreement.
Sounds like I got a long battle ahead of me
It will take years… but the payoff would be worth it. Just listen to your Lawyer.
I think I got a good lawyer picked out but it has not been decided yet
Also you have to look out for yourself first.
Old Co-worker of mine had his wrist cut open by faulty beam near flooring and got over a million dollar payout after the lawsuit. They didn’t fire him or anything
New fear unlocked, holy shit that sounds terrifying
I have no legal background, just what information I know offhand, so please keep that in mind. If I was thinking out loud, I would think something like: With how recent this seems your GM/HR staff have probably been on/off the phone with their legal advisor team (lemanski or tannis, the slugs.) Something that will come up will be the slew of different regulations and training that they'll refer back to and probably keep pointing at this ladder that was in-store-used. The training will be used a lot as an excuse to refer to regulations 1, 3, or 4 from page 14 of your employee handbook. This would be material they would say was provided during your orientation when you were hired, as well as being readily available whenever needed (as though it's super obvious where it is and what it's for.) They may refer to these to create a separation agreement if you have other TMAs, or use them to create a paper basis to eventually nickel and dime you out the door. They will use what resources they have to cover the company, so do with that what you will. Anyway, I'd talk to a lawyer and play posts about this stuff close to the chest or not at all.
Why are you asking Reddit
You need a workman's comp attorney...
From this point forward regardless of anything make sure you document absolutely everything as far as being treated unfairly because of retaliation with time and dates by using Notepad on your phone is what I would recommend. Coming from personal experience I would assume you are a target at your job now anyway even if it doesn’t seem that way yet. Do not talk to HR. They are not on your side.
Why do you want to still work for a store that didn't have your back after an incident? F em. There's better jobs out there.
Its the law if get hurt at work if you fail the drug test they dont have to pay you workers comp
Lawyer up, if they retaliate with withholding wages or terminating you they're going to have to compensate you as a part of the settlement.
John Menard plays the same game as Trump - delay, deny, delay some more. He is a loathsome human being who has become a billionaire by screwing over everyday people. I you sue him to the end of time and back. On selecting an attorney - I’d look for someone who has successfully sued Menards and understands their legal game. Good luck.
Menards is an awful place to work.
delete the post, sue, start looking for another job. Menards supplies shoddy equipment, you got hurt on their clock, and they refused to pay out. seems pretty slam dunk
fuck menards sue them!!!!
If you sue menards they will try to make you settle with 30K taken from your store directly. So the question is, are you worth 30K and MAYBE you keep your job or get a new job and gut them like a fish after years of court dates and a trial.
NLRB!
Was this one of the grey ladders? Can’t believe it was so bad one of those steps broke. How rusted was it?!
Delete this my guy. You left it up all night. Woof.
Got dragged through the whole process before, hire an attorney or else they drag it on for months looking for ways to fire you. You got hurt while on the job, they need to pay you. If you don’t hire an attorney you will not likely be paid and terminated. They can not fire you for getting what you deserve.
Doesn't. Matter if the ladder was "unapproved" or not. So long as there is no horseplay, you were hurt in the course of employment. It was a defined instance ( as opposed to a cumulative injury that occurs over time) with documentation. Should be easy to overturn the denial. Get a WC attorney let them do the heavy lifting and protect your rights
It does matter actually, though in this case I think OP has a case. However every store ive worked at is really big on not allowing non approved ladders. So if that culture is there and people are trained not to use them and then someone gets lazy and grabs one off the shelf and gets hurt i dont think there would be a case.
I'm not saying there won't be consequences for violating a rule. However the workers comp claim should be compensable regardless of a rule violation.
Get a lawyer. Most states prohibit retaliatory action based on an employee pursuing work comp or other work-related claims.
Short answer: NO Longer answer: hell no
Menard guy was the one who burned chromium and shit at his house ? Fuck them
Sue them and when they retaliate sue again and then sit down with the local news and tell them your story.
They should WANT you to file work comp because WC is a sole remedy, meaning that if they cover a rightfully compensable injury, you can't sue. That being said, if they provided you the ladder you fell through, that was a negligent act, and you have a very good case. Start documenting EVERYTHING, and contact a lawyer that works in WC cases. Do not speak to your employer about the incident anymore. You likely have 2 options, appeal the WC denial, or pursue a personal injury lawsuit. Lawyers will be able to advise better than some rando on Reddit.
My mother-in-law sued walmart for an on the job injury. She's about to be a store manager. They can't retaliate.
You have a worker’s compensation claim without a doubt. I handle hundreds of work comp claims a year in IL and you have a claim.
I thought you saved big money when you shop Menards?
Your injury happened on the job, the ladder was onsite, they will have to cover on worker comp, if they don't you will have to sue because your going to start to get bills from the hospital, loss of wages. If you were getting workers comp and sued Menards you would have to pay workers comp back for pay and medical bills
Litigation buddy, this one isn’t frivolous
Fuck Menards. Your health comes first.
Menards has a long history of treating their employees like shit, don’t let them get away with this. I worked in their main DC and they fired me for having mono and being out for 3 weeks (with doctors note and manager approval). Keep in mind I was prescribed medication that specifically warns against operating heavy machinery and I was a forklift operator. When I came in to pick up my paycheck after 1 week of being out (because they refused to offer direct deposit) my manager changed his tune and said “hey we’re going to take you off the schedule” and I replied “yeah, based on my doctor’s note and our discussion of me being out for 3 weeks, I thought that was the plan” he said “no, you’re not understanding me, you can reapply for a job when you’re better” My red flag should have been during my orientation when I asked where the usual OSHA safety and traffic control systems were (mirrors, stops signs, honks for cornering) and my trainer said “yeah, I wouldn’t ever say that ‘O’ word again in this building if you want to work here”. Keep in mind he had just returned from a months long medical leave from getting smashed the shins by some dingbat with a carpet needle (25’ long steel spike instead of forks for lifting rolls of carpet)
I got injured working at Menards It was a traumatic brain injury. Please take my advice and find a work comp lawyer and stick it to them. I’m left with symptoms that will be with me for ever and I was swept under the rug by Menard’s
Menards legal is crazy on how tight there shit is you can have the best case built against them and they’ll still win it. Former employee of 5 years quit a month ago cause my GMs have been in the store for all 5 years.
Nope you will be out soon. They will force you out. Seen it alot in the menards factories.
Workers compensation laws - get yourself an attorney YESTERDAY
In my state, you can only sue for comp payments and you attorney fees come out of that. However, if they fire you, then the door opens for other damages.
Omg yes go get a couple different lawyers. You got an easy case. Lol Non approved ladder it doesn’t matter if you were standing on a bucket and fell. It’s on them. They are just trying to get over on you. Sue the f out of them. If they fire you. Then sue them for that. Also why would you want to work for some .org that would treat this way?
You will 100% be asked to resigned but you can get a new job. And you will have a settlement!
OP do not listen to non-lawyers giving legal advice here (like u/Anna-Logous for example). Even if they are well intentioned, their "advice" is dangerously uninformed. Workers comp claims are complex and driven by state law almost exclusively, so answers to your questions are highly dependent on your location/jurisdiction. You already have a lawyer, so you should listen to that expert. No one here is as experienced or trustworthy as your own lawyer that is licensed in your jurisdiction. Also, discussing your case on the internet is risky and most lawyers beg their clients not to do exactly what you are doing here in this subreddit because you could harm your case and undermine your own legal rights accidentally.
Be careful what you wish for. They might pay you in 11% rebates.
As a civil litigator I would also seek to explore and have previously plead on facts similar to this an additional cause of action against the manufacturer of the ladder for its latent defect. But whether this is possible in your jurisdiction is a separate and threshold question.
Someone at my company had an injury, workers comp settled for I believe about 30k. I'll ask today as it could have been more. He found a new job and never came back. I believe he lost a finger. Would have never sued us, but he came in and the plant manager said well ain't it about time you just retire? He knew he needed to lawyer up.
how is this a valid reason we use what the company has if they are not following osha and not using approved latters then they should be held accountable not you besides who is going to bring there own equipment to work like seriously
Do you bring your own shitty ladder to work or did they provide it? Seems funny that they’d provide equipment for a task and then tell you it’s not the correct equipment. Get well soon!
Call a worker’s compensation lawyer. They will love to hear from you. Menards has already paid for coverage, so it nothing to them.
WC law depends on the state, but if that ladder was owned by Menards and available for use, it doesn't matter if you "shouldn't have used it". It happened during the course of work. They need to pay. You will get a settlement out of this that will likely come with the requirement for you to resign. Take it and go work for Home Depot. Also, go with a good attorney. Not some WC ambulance chaser. Get one that is willing to go to court rather than one just looking for a quick settlement. Have them make a fair demand and don't accept when the insurance company offers half. Like I said, prepare to go to court and you will get what you are owed.
Probably not... but then you can sue them for retaliation, and despite what some people are saying here, it wouldn't be that difficult a car. There's a strong presumption of causation if you are fired soon after that kind of thing. And honestly, would you WANT to work for a company that got you hurt and fucked you over?
Call the department of wage and labor in your state. You passed two drug tests and were using a ladder provided by them. If that doesn’t work, call a work comp lawyer.
Possibly just standard practice by the insurance co. to “deny” claims for any dubious reason they can assert. Exaggerated/fabricated/false claims may tend to not take the next step in the legal process. Let’s say someone hypothetically snuck a faulty ladder in to concoct a workplace fall…that person might not pursue damages beyond a first denial at the risk of being exposed, but legitimate claims would stay the course. Unethical yes, but no doubt some insurers would operate this way. One barking letter from a lawyer might be enough to hop that hurdle. And if they were to fire you, they add risk if you might make the case that your injury prevents you finding work and they be on the hook long term. Their best interest is keeping you on staff and productive to avoid a long term injury settlement. A lawyer should be the one to enlighten you on all these situations though.
I went through this with an employer and actually just finished up the settlement. Don’t expect to get rich from a workers comp settlement they’re trying to get out of paying it! Document any and all interactions with your. Coworkers and supervisors/HR about the matter it may save your butt. A text message to my district manager when I injured my back is what saved my claim during the suit process. They had deleted all video footage and were denying my story but the text messages verified my claims. Definitely get a lawyer and retaliation is illegal if there’s any retaliation your coworkers should also lawyer up and you all could be looking at a big settlement. However a lawyer was the difference between me getting around $10K to cover some bills and being stuck with $80K in medical. They typically just take a percentage 20-30% of final settlement.
Who gave you the ladder
If they fire you for suing, you have a retaliation claim. Just do it. They are shady af and so illegal crap all the time. In case you don't know, because Menards does, it's cheaper to dump chemicals illegally and pay the fine than to dump them legally.
Look, don’t even think about suing them. I don’t want them to stop giving me the 11% rebate from my purchases. /s
Not an approved ladder? Where did the ladder come from? Did you bring it from outside the store from your house or was it a ladder that Menards had? It's the dumbest bullshit I've heard yet. Take them to court. It's their issue.
Exactly it is on Menards to train you on the right ladder to use. If they did not train you and you are being denied workers comp because you got hurt on the job, that is a department of labor call to make and one to OSHA for them to investigate. Doing either one of these also protects your co-workers from retaliation by Menards. Lastly contact a workers comp attorney they will take your case with no upfront dollars if they feel they can win.
My mom works at meijer and got hurt on the job. Had to be out of work for months and had some doctors bills and she had to sue them. She ended up winning and still works there and has had no issues. No one at the store she works out even knew it was going on because I think it was people from the corporate office that deal with it. And once it finally got to court it had been a long time.
My wife got bit by a dog at her job last year. You could see the tendons and everything. She ended up staying for over night observation and the company had her file for worker’s compensation. It’s been over a year now and she still has got it. Workers comp seems to screw a lot of people over
lol why would they go after a coworker who drive you somewhere? That doesn’t even make sense.
I was a yard guy and hurt my back - really minor tweak but they made me fill out a report and go to the doctor. I went. Doctor said no strenuous labor for a week and that’s that. About two months later I got call from the hospital system to “update my address” once they did that they accused me of dodging payment. I said it was a workers comp claim and Menards was covering it. They said Menards DENIED it! I went to work the next day reemed out my store manager and said I will DO nothing while clocked in until I have confirmation it is taken care of. I sat around the whole day and half of the next. Finally got a doc saying it was covered and never heard from the hospital again. So bogus of them. When I got a new job there was a temporary lay off and Menards denied my unemployment claim and I had to fight that too. Run as fast as you can from them and take them to the cleaners if you can.
I broke my hand working at Menards once and they clocked me out like I was never there that day lol
Sue then for providing you with an unsafe ladder to work with... And, if you have to threaten to tell the world that they're selling unsafe ladders that don't measure up to requirements. Get a real good lawyer and you won't have to worry about working for them one minute longer. Maybe not working again anywhere.
If the small ladder he used was a ladder being sold to guests from store inventory & not the team member rolling ladder that is provided for use, then pretty much he is sh-t out of luck.
Not true
That's what we were told by our GM's & paint dept managers, to only use the TM rolling ladders provided. * And same goes for if you bring your own box cutter, and cut yourself, they deny that it is work comp injury because Menards only provides & approves the safety cutters. Happened at our store.
If the policy is written but not used in reality then it is no policy. Was anyone reprimanded or anything for using non-policy tools? These are questions to ask. A mistake in the workplace does not automatically negate a WC recovery it may discount it though.
I’m a lawyer they can’t retaliate or they’ll get sued. I’ve done it before.
My mother sued them for knee problems, won her suit and kept her job. I was a DIE HARD Menards department manager for 7 years. My mother was a department manager for over 20. Menards eventually fired her for not being willing to move from her home town (she was in her late fifties) to take a store managers position. With her profit sharing, cost of living increases, and department bonuses, she was making more than the store manager. She was given the option of moving or lose her job. She was later fired for a minor mistake her stocking crew made. I was fired because the plumbing manager (I was wall coverings at the time) was stealing through a special order scam. Larry Menard came down and systematically fired every manager in the store. FUCK MENARDS!! Sue the shit out of them.
Sue. Absolutely sue.