QUESTION
Am I able to sue the company I work for after injury on the job?
Asked on Jul 15th, 2016 on Personal Injury - California
More details to this question:
I was replacing the sink wrap on the wrap machine. When placing the wrap down the belt that held up the mechanisms of machine snapped causing the mechanisms to fall on my foot, resulting in two fractured toes. I have gone back to work after a week on strict modified duties. I have now found out that this machine has not been inspected since 2014. Do I have a claim?
2 ANSWERS
Edwin K. Niles
You have a workers comp claim, which is no fault. You may also have a negligence claim against the employer and maker of the machine.
Answered on Aug 12th, 2016 at 6:53 PM
For a work related injury such as this, you are limited to filing a Workers' Compensation claim [although you might be able to seek an additional amount if it was serious and willful misconduct] and can not file a civil suit [it does not appear to come under the punch press exception]. If the failure was due to a defect in the machine, you might have a claim against its manufacturer.
Answered on Aug 12th, 2016 at 6:53 PM