QUESTION
Can I get compensation for 2 fingers cut in machine?
Asked on Jul 27th, 2013 on Personal Injury - North Carolina
More details to this question:
I work through a staffing company and at the company, I was sent to work for the employee turn on a machine while I was working on it and it grabbed my hand but only injured my ring finger and middle finger. I had 22 stitches in one and 24 in the other, no bones where broken. Can I sue the company or get compensation for this?
10 ANSWERS
If you were working through a staffing company and were injured while working as a temporary employee at another company, you may be an employee of the staffing company or you may be a contractor. You may be able to file a Worker’s Compensation Claim at the staffing company or at the workplace company. If these companies classify you as a contractor or subcontractor, they may or may not be correct in doing so. If they are not correct, you could file suit against the workplace company and the workplace employee. You should consult an attorney as to how best to proceed. You should not wait to consult as you could lose track of the employee or one of the companies might not be around later. You normally have three years from the date of the injury to file suit, but you should consult with an attorney as soon as possible. Best Wishes.
Answered on Mar 19th, 2017 at 5:52 AM
Yes you need to immediately file for worker's compensation benefits that includes a settlement for permanent disabilities and future care.
Answered on Aug 02nd, 2013 at 9:48 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You can sue whoever is liable for negligence, that is if you were not negligent also.
Answered on Aug 02nd, 2013 at 9:48 PM
You should be able to claim Workers' Compensation from the staffing company and a questionable suit agains tthe employer depending upon whether the design or operation of the machine was negligent. The company may try to argue that you were in fact its employee so can only pursue a WC claim against it and not the staffing company as it had complete control over you, etc. That might be a correct analysis.
Answered on Aug 02nd, 2013 at 9:48 PM
In Iowa there is case law right on this issue. You get to file a workers' compensation claim but do not have the right to sue the company providing the work.
Answered on Aug 02nd, 2013 at 9:48 PM
James Eugene Hasser
If you have a permanent disability rating you will be entitled to permanent disability benefits under the Comp Act according to the schedules. Your exclusive remedy against your employer is for comp benefits. However, there may be something wrong with the machine. The manufacturer could be liable. You might want to consult a personal injury lawyer who does industrial accident and products liability cases.
Answered on Aug 02nd, 2013 at 9:48 PM
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Andrew T. Velonis, P.C.
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You can certainly get worker's compensation from the staffing company. 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. Next, the question is whether you can bring a personal injury action against the company where you were assigned to work. Consult an experienced personal injury lawyer in your area.
Answered on Aug 02nd, 2013 at 9:48 PM
It sounds like you need a workers compensation attorney.
Answered on Aug 02nd, 2013 at 9:48 PM
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Law Offices of Andrew C. Sigal
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The short answer is probably. However, you should consult with an attorney who specializes in Workers Compensation law.
Answered on Aug 02nd, 2013 at 9:48 PM
Thomas Edward Gates
You must file for workman's comp. They will determine any compensation you are owed.
Answered on Aug 02nd, 2013 at 9:48 PM