QUESTION
Can I still sue my employer for the injuries at work?
Asked on Nov 03rd, 2012 on Personal Injury - Ohio
More details to this question:
In April, I cut my left index finger with portable table saw while at work. There was missing the guard and knife splinter from the table saw. I returned to work three months later. The doctor gave me 7% body impairment. The insurance company covered me 24 weeks of PD $195 per week including 15% deduction even though there are only 25 employees working for the company. I haven't signed any paper work yet or cashed the check. Thanks.
12 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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You need to meet with an experienced WC attorney, like myself immediately.
Answered on Nov 09th, 2012 at 5:08 PM
You seem to have more than one question and although you've provided some valuable information to assist in a settlement valuation, it's not possible for a lawyer to very easily appreciate which issue to deal with. You do have a workers' compensation claim; as for a gross negligence suit against your supervisor for the lack of a machine guard, it's difficult to know without know more facts.
Answered on Nov 09th, 2012 at 6:11 AM
Ronald A. Steinberg
The workers compensation laws are different in each state. I strongly recommend that you speak to a competent lawyer and get his/her opinion. Until then, don't sign anything.
Answered on Nov 06th, 2012 at 9:56 PM
Generally speaking the only claim against your employer for injuries occurring at work is through workers compensation. If the portable table saw was missing safety guards and you can prove your employer removed them, that can add a claim of "willful and serious" against the employer which can increase the amount paid to you through worker's compensation. You should ask your worker's compensation attorney about that. If the guard was simply not part of the table saw, i.e. designed and/or manufactured without a safety mechanism, you might have a claim against the manufacturer, but depending on the severity of the injury, you might not wish to pursue such an expensive claim (suing a manufacturer is expensive and they would get a credit or you would have to pay worker's compensation back for what worker's compensation paid you.)
Answered on Nov 06th, 2012 at 9:13 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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If your employer had workers comp insurance, then you cannot sue him even if the saw was dangerous.
Answered on Nov 06th, 2012 at 9:04 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Worker comp is mathematical, based on wages, body part involved and percent of disability. Looks like those figures have been run. You cannot sue your boss. You are limited to the worker comp law.
Answered on Nov 06th, 2012 at 8:53 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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You have a worker's compensation claim with your employer and possibly a products liability claim against the manufacturer of the product. You need an attorney immediately. Good luck.
Answered on Nov 06th, 2012 at 8:37 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You cannot sue your employer in civil court. Rather, your exclusive remedy against your employer is in workers comp, regardless of who is at fault.. If you have not cashed the check or signed papers, you could still further negotiate on your workers comp claim, or request a hearing before the Workers comp Commission if you are not satisfied with the offer.
Answered on Nov 06th, 2012 at 8:36 PM
Employment & Labor Attorney serving Weston, FL
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Behren Law Firm
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Did you have a workers compensation lawyer? If not, you might want to hire one to check the terms of settlement.
Answered on Nov 06th, 2012 at 8:19 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. 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.
Answered on Nov 06th, 2012 at 8:12 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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In NY, you generally can't sue your employee because workers' compensation benefits are you sole remedy. You may be able to sue the manufacturer of the table saw but your injury may not be large enough to warrant a law suit as these can be difficult and expensive cases for lawyers to pursue.
Answered on Nov 06th, 2012 at 8:11 PM
Personal Injury -- Plaintiff Attorney serving Cleveland, OH
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Mishkind Law Firm, Co., L.P.A.
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Yes. You may be able to file a lawsuit for an "intentional " tort claim due to the missing guard Please consult with an attorney immediately as the law on intentional tort claims is complicated and you must have an attorney that understands the law in this area.
Answered on Nov 06th, 2012 at 8:11 PM