QUESTION
Do I have a legal case against my employer if I suffered an injury while working?
Asked on Aug 28th, 2012 on Personal Injury - California
More details to this question:
My boss pushed the wrong lever on an oil-drilling rig. One of my fingers was severed and another they barely saved. The company is trying to blame me.
33 ANSWERS
You likely have a workers comp claim.
Answered on Jul 17th, 2013 at 1:33 AM
Do you want this one?
Answered on Jun 19th, 2013 at 9:45 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. On the other hand, that also means that they cannot deny your benefits by claiming that you were at fault. 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.
Answered on Sep 07th, 2012 at 10:39 AM
Yes. At the very least you have a worker' s compensation claim.
Answered on Sep 03rd, 2012 at 11:24 PM
1 Award
You can file a worker's compensation claim. FAult is not an issue as long as you were I'm the course and scope of your employment when the incident occurred.
Answered on Sep 03rd, 2012 at 12:54 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Yes. You have a great workers comp case, maybe even more.
Answered on Sep 03rd, 2012 at 12:27 PM
Steven D. Dunnings
Yes, Workers comp.
Answered on Aug 30th, 2012 at 10:36 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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In NC your bosses only defense is if you were drunk or on drugs. Otherwise he is on the hook for your injury. Get you a good lawyer and eat his lunch. He must be a jerk if that is how he treats his employees.
Answered on Aug 30th, 2012 at 10:20 PM
Dennis P. Mikko
For an injury on the job, worker's compensation is your sole and exclusive remedy absent a showing of a deliberate and intentional act on the part of the employer. You should contact an attorney who can evaluate your case and provide assistance to you. Claims of this nature are usually handled on a contingent fee basis. That is, there is no attorney fee unless there is a recovery.
Answered on Aug 30th, 2012 at 9:57 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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You have a right to file a workers compensation claim.
Answered on Aug 30th, 2012 at 12:21 PM
Ronald A. Steinberg
It is a workers compensation case.
Answered on Aug 30th, 2012 at 11:05 AM
Car/Auto Accident Attorney serving Hacienda Heights, CA
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Gary Lee Platt
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Your employer is required to carry Worker's Compensation insurance to cover on the job injuries, so you do have a claim to make with your employer's insurer. You should consult a Worker's Comp. attorney as soon as possible.
Answered on Aug 30th, 2012 at 9:46 AM
In Iowa you would not have any claim other than a workers' compensation claim. Of course we don't have oil in Iowa so I doubt you were in Iowa. But if you were drilling for oil in Iowa tell me which county!
Answered on Aug 30th, 2012 at 8:31 AM
Criminal Law Attorney serving San Diego, CA
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Lee Law Group DUI & Criminal Attorneys
This is a worker's comp case. If you feed your boss was super negligent, contact a worker's comp attorney.
Answered on Aug 30th, 2012 at 8:30 AM
Lisa Hurtado McDonnell
Looks like they should be responsible. However I need much more information to make a determination.
Answered on Aug 30th, 2012 at 8:30 AM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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You have potentially 2 cases. First, you have a workers' compensation case. Second, you have a potential product liability or other tort claim.
Answered on Aug 28th, 2012 at 5:08 PM
Accident Attorney serving Providence, RI
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Law Office of Karen Davidson
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Yes you do have a valid claim and should contact a lawyer right away.
Answered on Aug 28th, 2012 at 5:08 PM
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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Assuming that the incident occurred in Nebraska, in general, all you must prove to have a workers' compensation case is that your injury "arose out of" and was sustained "in the course of your employment," which basically means you were injured while working. In workers' compensation, fault is almost never an issue. Fault is only issue if you were intoxicated or if you intentionally tried to hurt yourself. Based on the information you provided, you do have a workers' compensation case even if you somehow contributed to your injuries. Although you describe your injury, you do not provide enough information for me to discuss what benefits you might be entitled to, which include, but are not limited to: payment of medical expenses; mileage to and from medical appointments; temporary total disability benefits (money for not being able to work while you are recovering); and permanent partial disability benefits (money for permanent effects from your injuries. If your employer is denying your claim, you should consider talking to a workers' compensation attorney. Most offer a free consultation so it will not cost you anything to learn more about your rights and options.
Answered on Aug 28th, 2012 at 5:08 PM
Alternative Dispute Resolution Attorney serving Austin, TX
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Law Offices of Steven D. Urban
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All cases vary based upon their unique facts. Notwithstanding, it does sound like you have a case.
Answered on Aug 28th, 2012 at 5:08 PM
Commercial Transactions Attorney serving Clarksdale, MS
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Holcomb Chaffin and Rogers, P.C.
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You likely have a Worker's Compensation claim or a Jones Act claim.
Answered on Aug 28th, 2012 at 5:07 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You have a workers comp claim. Who's at fault is irrelevant. If it happened at work, the employer is liable.
Answered on Aug 28th, 2012 at 5:05 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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You have a workers compensation case and you should file immediately. You do not need a lawyer to file, but you may need one if your employer contests the injury and how it happened. You cannot sue your employer.
Answered on Aug 28th, 2012 at 5:05 PM
Civil Litigation Attorney serving Gadsden, AL
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Ford, Howard & Cornett, P.C.
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Based on the facts presented, you appear to have a valid work comp claim. You may wish to consult with an attorney. Most attorneys will provide a free initial consultation with no obligation.
Answered on Aug 28th, 2012 at 5:05 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have a worker's comp claim, and whose fault it was is generally irrelevant in that forum. If they are fight you, get an attorney now. Sign no releases or settlement without an attorney.
Answered on Aug 28th, 2012 at 5:05 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Depends on which state you were injured in? Generally, the employer is immune from suits if workers comp is provided.
Answered on Aug 28th, 2012 at 5:04 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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That is either a worker's compensation case or a personal injury case. Depending on if your boss worked for your company (i.e. tool pusher) or was a company man (worked for the gas or oil company) - either way it is something and even if it was your fault, it's still workers compensation. File a claim.
Answered on Aug 28th, 2012 at 5:04 PM
You have a case under Michigan's Worker's Compensation Act. You may file a claim with the agency. An attorney should be able to help you with your case.
Answered on Aug 28th, 2012 at 5:04 PM
You've got a BIG-TIME suit here. Did you file Workers' Comp.? Why not.
Answered on Aug 28th, 2012 at 5:03 PM
In Virginia, you recourse when you are injured at work is through Workers Compensation. If your boss has more than three employees, he is required to carry Workers Compensation insurance. Deadlines exist for notifications and filing claims. Speak with an attorney who specializes in Workers Compensation immediately.
Answered on Aug 28th, 2012 at 5:03 PM
4 Awards
The company has to cover you if you were injured while performing a work-duty.
Answered on Aug 28th, 2012 at 5:03 PM
Plaintiff's Personal Injury Attorney serving Seattle, WA
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Shaw Legal Solutions
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There is no claim against an employer when it was an accident. There may be one against the machinery if the reason your fingers were injured was due to faulty design. In either case, I would speak to a lawyer familiar with Worker's Compensation as well as Products Liability.
Answered on Aug 28th, 2012 at 5:02 PM
In Massachusetts, fault is IRRELEVANT to whether you have a claim or not. If you were hurt while in the course of employment, you may have a claim for benefits. I strongly suggest you contact an experienced worker's compensation attorney immediately.
Answered on Aug 28th, 2012 at 5:02 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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As long as the injury occurs in the course and scope of employ, doesn't matter who is at fault.
Answered on Aug 28th, 2012 at 5:02 PM