QUESTION

I suffered an injury on the job two years ago due to faulty equipment and being placed on the job with improper training.

Asked on May 29th, 2015 on Personal Injury - Indiana
More details to this question:
Was replacing a coworker who suffered a heart attack and i had limited knowledge about the position and was the only option as a temporary replacement for the company. while working one morning one of the spoon hooks (an attachment to one of our overhead cranes) broke and a piece of it hit me in the shoulder shattering my radius and ulna and left a gouge in my shoulder to where skin had to be grafted. Also received bone implants and titanium to hold the bones together in my arm. I actually healed fairly well considering what was initially assumed from the injury. Did physical therapy for a few months and was determined to have about a 2.5% total body disability (some ability for movement was lost in my arm). But the main question is, if I were to file suit, what amount of compensation would i expect? The company has always treated me well and better than the other employees, especially after the accident. So I really don't want to file a suit unless it is very significant.
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1 ANSWER

Under Indiana Law, you can't sue your employer directly for a personal injury.  Your only remedy is worker's compensation, which it sounds like paid you for your medical expenses and permament injury.  HOWEVER, you can sue a third party for negligence for an injury caused at work.  In this case, you mention that the spoon hook broke (malfunctioned?) and therefore the manufacturer of that piece of equipment may be responsible for your injuries, as well as any pain and suffering that you experienced.  You also mention that the accident happened 2 years ago.  Hopefully, it was less than 2 years ago because you have EXACTLY 2 years from the date of the accident in which to file a lawsuit.  If you do not file the lawsuit within the 2 year statute of limitations, your claim is forever barred.  If you have futher questions, please contact me for a free evaluation of your claim.
Answered on Jun 08th, 2015 at 1:02 PM

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