took a chainsaw to the face

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monkeymanjoe

ArboristSite Lurker
Joined
Oct 22, 2007
Messages
6
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Location
Bouckville NY
I have done alot of pretty dangerous trees and walked away thinking "thank God I made it". I had a tree to top back in January of this year, it was only about 40ft. I figured that it wasn't going to be anything to "hairy". I can't remember too much of that day.., but what I do remember was the saw kicking back and then a terrible pain in my face. I remember talking myself down. As soon as I hit the ground I was out. I woke up 2 days later in ICU. I was put in an induced coma because of the pain. The surgeon lost count at 300 stitches. I have a steel plate in my left side of my face. I cut all my teeth so that now the roots are exposed.
The worst thing is that the owner of the company that I was working for said "Joe., who?" He was paying me under the table. I have been working for this guy on and off for about 10 years. But when I had the accident he said that I was an independent contractor. At this time I had been with him about 8 months. The accident happened on January 9th and at the end of January I receives a 1099 from the company I was working for.
I was in the hospital for 10 days and my former employer never once called or showed up to see me. Don't get me wrong he was there the day it happened. (This is what I was told). He sat out in the waiting room with my family. He told my fiance that he was going to pay for our wedding, that he would bring me back as a foreman and that he would help us with the mortgage payments for a while. But we are still not married, I had to find a new full time job and we are behind in the mortgage payments because I was out of work for 6 months.
He waited at the hospital till OSHA came, when they were done questioning him and his other employees he left to go play bingo at the casino.
I obtained an attorney and filed a claim with workers comp. I got denied. Because I own my own company and I was using my own chainsaw the day of the accident. The judge also said that because my boss was not there to supervise me and to see the finished work that meant that I was not an employee.
Well first of all, I just started my own company and there was no way for me to stop working full time. I did my thing on the weekends. Secondly how many of you men use your own chainsaws working for someone else.? Lastly does the owner of a tree company always come to the job site and sit there till the job is done?
I am appealing the decision. But until then I have to deal with the pain from my teeth because I don't have the money to pay to have them fixed. I am in the Dr's. office about once a month because my mouth is infected and because of the pain.
I am sorry for rambling on. I just needed to vent. Is there anyone else who has dealt a situation like this? If so feel free to contact me. I would like to hear someone say that they had a happy ending in a similar situation.
Thanks for listening.
Donations would be greatly appreciated.
I have attached 2 photos. They are not for the weak at heart.
 
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MAN!!!!! I had no idea!!! So sorry about that!!! Everything about that SUCKS!!!!!!:jawdrop:
 
OMG:jawdrop:

Thats about the worst i ever seen apart from guys loosing their arms, legs and heads in chippers.:dizzy:
 
Sorry you got injured & hope you make out on appeal ! According to IRS the only way a worker can be considered a SUB-CONTRACTOR : If your employer DOCUMENTS that you carry your own LIABILITY INSURANCE & WORKERS COMPENSATION ! Hire a good attorney , on contingency fee , if possible & see where it leads ! Once again GOOD LUCK !
 
Best of luck mate, those are some hellish pics.

The system of having to find someone at fault or in charge to pay for bills is BS, such a f***** up system, its about time it was changed. Only makes the lawyers richer. I hope it goes you way.
 
That would not help, though I do know 3 people who claim that the brim of their helmet saved face on a kickback.


Two hands and good body positioning will keep you safer.

I'll agree with that, but I'll take all I can get after seeing that pic. In certain situations I can see the screen being virtually irrelevant, in others I can see it making just enough of a difference. Perhaps a face shield would play a larger role. I'm not using one currently, but a pic like that makes ya think.

Nevertheless, Two hands and a sound position makes all the initial difference IMHO. I'm assuming that he was cutting right at face level, which I can't understand.
 
good luck with your recovery. hopefully your ex boss would act like a man and at least pay all your hospital bills. hope you end up getting getting him to pay.
 
good luck with your recovery. hopefully your ex boss would act like a man and at least pay all your hospital bills. hope you end up getting getting him to pay.

+1 man! I hope it all works out for you and you heal up well and can carry on once again in a normal fashion though I know its going to be a rough go for a while.

Regards,

Serge
 
Monkeymanjoe I am sincerely sorry to hear of your situation.

Over here YOU WOULD NEVER be in that position, here whether you are a contractor or not YOU GET WC.

I have on many occasions debated with Americans on this board about their inferior health systems which again leave a young man like you in a dark hole.

Wishing you a strong recovery and from whatever systems they have over there I hope they help you out.
 
Thank you

I wanted to thank you all for the words of incouragment. I really appreciate it. It was a Stihl MS200T with the rackers filed down. The only thing I am going after my ex boss for is the medical bills. Its not like I am trying to take his house or anything of that sort. I would just like to chomp into a nice piece of steak without practically breaking down in tears.
Thanks again for all your thoughts and prayers.
 
Monkeymanjoe I am sincerely sorry to hear of your situation.

Over here YOU WOULD NEVER be in that position, here whether you are a contractor or not YOU GET WC.

I have on many occasions debated with Americans on this board about their inferior health systems which again leave a young man like you in a dark hole.

Wishing you a strong recovery and from whatever systems they have over there I hope they help you out.

We disagree on about everything, but I have seen to often of late that Americas health care system SUCKS AZZ!!!!!
 

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