QUESTION
Can I file a lawsuit if I had my head split open about a year ago while working at my previous employer?
Asked on Mar 13th, 2013 on Personal Injury - Georgia
More details to this question:
It was an arbor press with worn out teeth on the gears. The teeth slipped and the bar came down on my head and I bled everywhere. This was about a year ago and I now have a scar and frequent headaches. After I was injured they finally bought replacement parts for the arbor press which I had to install. Please any advice is greatly appreciated.
19 ANSWERS
You should file a workers compensation claim immediately. You also may have a separate lawsuit against the manufacturer of the press.
Answered on Apr 01st, 2013 at 3:12 AM
The statute of Limitation to file a lawsuit is a year from the date of injury. However there are exceptions to this general rule. I need details to be able to see if your situation fits one of the exceptions.
Answered on Mar 15th, 2013 at 5:18 AM
Workers Compensation Attorney serving Torrance, CA
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Law Office of William S. Lindheim
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Yes, you can file a claim for workers' compensation benefits if you injured yourself on the job over a year ago. It will depend on the extent of injury to determine the amount of recovery though.
Answered on Mar 14th, 2013 at 4:00 PM
Ronald A. Steinberg
If you become ill or injured, and the illness or injury arises out of the employment, you have a workers compensation case. If you win, you are entitled to get all the accident-related medica bills paid, and to receive lost wages for the time that you are unable to engage in any gainful employment.
Answered on Mar 14th, 2013 at 3:50 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Work injuries are supposed to be reported promptly to the boss, the Industrial Commission advised and the insurance carrier advised. You did not say any of these things were done. If not, set about trying to do them. You must have strong medical testimony. Your feelings and opinions won't count much if at all.
Answered on Mar 14th, 2013 at 3:49 PM
Insurance Defense Attorney serving Oceanside, CA
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Manuel J. Rodriguez
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Even though your work-related injury happened about a year ago, you may still have pending workers' compensation benefits due to you in the form of medical care and possibly even benefit payments. There are many factors that affect your rights and obligations relative to your work-related injury. If you are interested in protecting your rights and pursuing appropriate remedies, you should consult with an experienced workers' compensation attorney.
Answered on Mar 14th, 2013 at 3:49 PM
Edwin K. Niles
It sounds as if you have a worker's compensation claim, and perhaps a negligence claim as well. See an experienced attorney as soon as possible.
Answered on Mar 14th, 2013 at 3:48 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If this happened at work, you have a worker's compensation claim. If you do not already have a good workers comp attorney, go hire one. If the teeth were worn out and your employer had not replaced them, it doesn't sound to me like you could make a product liability claim against the machine. Discuss it with a good workers comp lawyer.
Answered on Mar 14th, 2013 at 1:11 PM
James Eugene Hasser
Your exclusive remedy for an on the job injury is for comp benefits under the Alabama comp Act. You have 2 years from the date of injury or you will be forever barred from doing so. There is no time limit on filing a medical claim.
Answered on Mar 14th, 2013 at 1:11 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
2 Awards
Did you report the injury? This would be a worker's compensation case. You need to get to a specialist in worker's compensation law immediately.
Answered on Mar 14th, 2013 at 1:10 PM
Health Law/Long Term Care Facilities for the Elderly Attorney serving Los Angeles, CA
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Murchison & Cumming, LLP
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Your claim is subject to Workers Compensation. You will receive an award based on the statutory payment amounts so much for "Temporary Total" disability (about 2/3 of your ave weekly wage, for the length of your temporary disability); so much for "Permanent Partial" disability (based on a percentage of impairment); and med bills paid. If you are permanently and totally disabled (unable to return to any work), then you will be entitled to receive a higher level of compensation for your projected or statutory worklife expectancy. Note, you will be unable to sue your employer in court. You need to check on Statute of Limitaions immediately. You must file your WC claim w/in statute of limitations time frame. You also might have a claim for an additional penalty against your employer if you can prove that the incident was "serious and willful". The defective condition and disrepair of the equipment, and your employer's delay in fixing it may support such a claim.
Answered on Mar 14th, 2013 at 1:10 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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You may recover worker's compensation benefits for an on the job injury. Those benefits pay for your medical care and treatment and about 2/3 of your wage if you miss time from work due to the incident. Any pain and suffering claim would have to be against a 3rd party (ie: someone other than your employer) if the injury was due to the negligence of some person/company other than your employer. If you were at fault for your injury, any award would be reduced by your percentage of fault (and if your fault gets too large, then it impacts what damages are even available). If the press malfunctioned because your employer did not keep it in good working condition, then it is unlikely there is a 3rd party to sue and only if your employer intended to injure you could you sue the employer for an intentional tort (which cases rarely, if ever, win in Mi.).
Answered on Mar 14th, 2013 at 1:09 PM
You may or may not have a "lawsuit" but you do have a workers' compensation case, at least in Iowa you would, if a doctor will state the recent headaches are related to the original injury.
Answered on Mar 14th, 2013 at 1:08 PM
Monica Cecilia Castillo-Barraza
If you made no claim, then you have 2 years from the date of injury to file a lawsuit.
Answered on Mar 14th, 2013 at 1:08 PM
Thomas Edward Gates
Retain an attorney to assist you.
Answered on Mar 14th, 2013 at 1:08 PM
Personal Injury Attorney serving Kansas City, MO
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Nash & Franciskato Law Firm
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You have several potential claims: 1. Workers comp against your employer; 2. Possible product liability claim against the manufacturer or distributor of the product; and 3. Possible claim against the supervisor or other co-employees for negligence in maintaining the equipment. You should contact a personal injury attorney as soon as possible to discuss your situation. There are short deadlines for filing a workers compensation claim and notice provisions which you must comply with before filing a claim. Again, contact an attorney immediately.
Answered on Mar 14th, 2013 at 1:07 PM
Civil Litigation Attorney serving Fort Lauderdale, FL
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Angelo "Tony" Marino, Jr., P.A.
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Hopefully you are receiving workers' compensation and have had your headaches check out. Unless you are making a claim against the manufacturer of the press, your rights are limited to workers' compensation. Best thing to do is see a lawyer who handles both.
Answered on Mar 14th, 2013 at 1:07 PM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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You have a workers' compensation claim which entitles you to weekly payments while you are out plus all your medical bills paid. If there is permanent damage you are entitled to compensation for that also.
Answered on Mar 14th, 2013 at 1:06 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Worker's comp covers medical expenses and time out of work. You cannot sue your employer for negligence and damages for "pain and suffering" is not available. If you have a permanent injury, you may be able to get a "schedule award" which is based on a formula depending on the extent of your disability and your rate of pay, offset by payments that you have already received. But you should get some advice as to whether the schedule award is your best option. Depending on your situation, you may be better off getting disability payments and having your medical expenses taken care of. There may be another possibility, if there some party other than your employer who caused the accident, such as a repair service.
Answered on Mar 14th, 2013 at 1:06 PM