In the fall of 2018, Jean-Philippe Maltais went to an acquaintance's house to do exterior cladding work on his house. As the 37-year-old father is a mason-mason, he is used to working at heights and handling tools and materials.
Work progresses and both men spend the day on scaffolding. Suddenly… CRACK! Without warning, the plank dropped beneath their feet and the two fell eight meters. Everything goes black.
It opened like a trap door at my feet and I saw nothing. I fell 30 feet standing on my heels. Both legs were blown off and my spine was crushed.
Jean-Philippe Maltais woke up in hospital and had no memory of the hours following the crash.
Jean-Philippe Maltais was injured in both legs.
Photo: Courtesy
He will be in the hospital for three weeks. He begins a long road to operations and rehabilitation. But along the way, he also has to take the path of legal action.
Delusions of justice
The fact that the accident happened in unprofessional circumstances had unfortunate consequences for Genois, who was in his thirties.
Jean-Philippe Maltais is not entitled to claims from the Commission de la Construction du Québec (CCQ) or the Commission for Standards, Equity, Health and Safety at Work (CNESST) because he has no legal contract for this construction site.
For me it was a helping hand. So, in my opinion, you see civil liability insurance that is generally available to everyone
He explains.
Whose fault is it?
In the weeks following the accident, Jean-Philippe Maltois took legal action to seek compensation.
The homeowner's insurance company is opening its investigation. But who is really responsible for this decline?
Insurance companies that cover the owner of the apartment will not write a check tomorrow recognizing themselves as responsible. They will investigate the situation and determine whether their insured was at fault.
Firstly, insurance lawyers Mr. Since the Maltese was a bricklayer and mason, he was called for his professional skills and believe that he should have been able to determine the safety of the scaffolding he used.
Scaffolding planks spilled under the workers' feet.
Photo: Courtesy
Next, is there a manufacturing defect in the wooden plank that supported the two workers? The insurance company decides to sue the company that sold the scaffolding to the defendant.
The company's lawyers decided to sue the company that manufactured the defective board. Finally, the company's lawyers believe the sawmill that supplied the wood is also responsible.
This is called a warranty claim.
, refers to a lawyer specializing in civil liability, Alain Béland. Initially, when the matter was between him and the owner of the house, why did Mr. We asked him to enjoy the Maltese.
This is because the payer may not be the one he originally expected, but the person called as surety. In this way, we avoid multiple tests for the same subject.
Advocate mentions.
In short, there are now four parties involved in this drawn-out liability issue.
I'm stuck in this process…with nothing.
Meanwhile, Jean-Philippe Maltais will have to wait without any financial compensation from 2018.
In a case like this, there may be medical expertise, second opinions, and hearings from all parties involved. Each warranty claim is subject to its own technical period of six months. Epidemic factors into the equation. It's sad, but no wonder we've been together this long.
Adds Alain Béland.
All the stakeholders interviewed in this file indicate that the public is still not aware of the role and procedures of insurance companies in civil liability claims. Alain Béland points out that it is not the insurer who decides whether or not compensation will be awarded.
Rising from the fall
Since September 2018, Jean-Philippe Maltois' life has changed.
Rehab is long, he still suffers medical complications as a result of the accident, and he still doesn't know if he'll ever be able to re-enter the job market.
Jean-Philippe Maltais had to undergo a lot of rehabilitation after his leg casts were removed.
Photo: Courtesy
When I finished physical therapy, I was knocked out. I always had hope that I would return to work and return to my normal life. But I soon realized that it would never change again
He says.
Today, he walks with a cane and cannot resume his profession as a mason-mason.
When walking, the pain starts after 500 feet. At the store with my daughter, when she sees two or three pieces of linen, it's already too much for me. She's good because I can't stand it.
Jean-Philippe Maltais' daughter Malika was 5 years old when the accident happened.
Photo: Courtesy
The single father had to go back on social assistance benefits and the last few months had been psychologically difficult. He admits that he has lost faith in the justice system and wants a speedy decision.
Jean-Philippe Maltais wanted to help a friend, and in the end his generosity cost him dearly. He hopes his story can be a lesson to other generous workers.
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