What are my rights if I was injured on the job due to my own negligence?

Question

I am employed to a sofa company. Through my own negligence I lost a limb on the table saw. I am right handed and it was my left hand that was damaged.

Ehsan Eftekhari · Answer

It is irrelevant. You can recover for your injuries.

Thomas Bulman · Answer

What would have prevented the injury?  Was the saw safe?

Reza Torkzadeh · Answer

Your situation is not unique. Every single day, employees are injured while on the job. Whether it be negligence of the employee, a lack of safety guards, training or supervision. It is important that you immediately speak to an attorney who has the experience and resources to independently investigate your case.

Josh Lamborn · Answer

Your employer probably carries worker's compensation insurance, so you should be able to file a claim and have your medical and other bills covered.  You are likely not able to sue the employer, even if the employer is negligent because the worker's compensation statute shields employers from lawsuits in Oregon.  However, the saw you were using likely did not have a sawstop brake on it, or else you would not have lost your limb.  You could bring a products liability claim against the saw manufacturer for failing to manufacture their saw with this device.  Seek out a personal injury lawyer that specializes in products liability cases and schedule a consultations to discuss your case in more detail.

Scott Anderson · Answer

You file a claim for workers' compensation which is a no fault system.  You cannot sue your employer for negligence and your employer cannot sue you for negligence.  You need to file a first report of injury which essentially is notice to the employer, certainly the employer knew about your injury so I would expect that the employer would fill out this form but, I would call your employer to find out.  Within 30 days you have to file a claim.  Benefits are based upon a complex structure enacted by the legislature dependent upon the date of injury.  If you suffered your injury because of a defective product, i.e. unreasonably dangerous machinery you may have a third party tort claim.  If you employer does not carry workers' compensation then you have a claim under the uninsured employers fund.  In this case you file your reports in Helena with the UEF.  Your benefits will include loss pay, temporary disability pay, permanent impairment settlement, and all related medical and rehabilitation benefits.  Unfortunately, there have been cutbacks and changes in the workers' comp laws wherein the legislature has tried to balance the budget on the backs of Montana workers.  This is all a very complicated area.

Paul Whitfield · Answer

You have an important worker compensation claim call me if you like. Your negligence is not an issue unless you were drunk or high on drugs.

Jeffrey Unger · Answer

In Missouri, you would likely be covered by the Worker's Compensation Act. As a employee, you would entitled to benefits generally regardless of your liability for the accident that occurred.  I would strongly recommend that you contact an experienced Worker's Compensation attorney as soon as possible.

Lawrence Ramunno · Answer

You can sue for workman's compensation which has 4 separate claims for 1. medical expenses, 2. lost wages, 3. your injuries and 4. disfigurement.

Barry Rabovsky · Answer

We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below.  If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.

Orman Kimbrough · Answer

Most likely the company for whom you work has workers compensation insurance coverage that will provide certain benefits to you including paying medical expenses and part of your lost wages.  Also, you may have rights against other people in the work place including people responsible for providing the saw.  It would be important to know exactly how you were injured to know if you would have a claim against the manufacturer or seller of the saw or anyone who may have modified the saw.

Andrew Velonis · Answer

First, you have a right to Worker's Comp.  It was on the job, it was an accident, and you were injured; that's all you need. Possibly, you could have a case against the manufacterer of the saw:  manufacturers of table saws know that, with the number of saws in use, that sooner or later one or another of them will be involved in some sort of mishap, so they have to protect against that with guards, stop switches, etc.

Bernard Huff · Answer

Retain a plaintiff's worker's compensation lawyer for legal advice and representation. Perhaps, you may initiatially get some administrative relief for your injury underyour state's worker's compensation laws.

Michael L. Aaronson · Answer

Because you were injured as a result of your own negligence, you may be covered under workers compensation if your employer has such coverage. Otherwise, you probably have no remedy.

James Kelaher · Answer

First all all, if you were injured on the job, you have a workers' compensation injury. You should consult with a workers' compensation lawyer, and then ask that lawyer if he believes a products liability lawyer should take a look at the table saw to see if there was something negligently designed about it.

David Stoddard · Answer

You have  a workers comp claim regardless of who was at fault.

Ronald Lowry · Answer

First of all even though you say it was because of your own negligence I am not so sure of that. What was a table saw doing at your place of employment without a guard that keeps this from happening or other protective devices? I sense that there is a claim for possible product liability and possibly other claims. At minimum you have a claim for Workers' Compensation which is without regard to fault. Even if you negligently caused the damage to your hand you are entitled to Workers' Compensation benefits. All your medical bills are supposed to be paid by the Comp insurer, you get a weekly amount to live on while recovering from the injury and you are also supposed to get Permanent Partial Disability for the injury. This can be paid in a lump sum or over time. Usually a lawyer negotiates that for the injured worker. I assume the employer knows about the injury already but there is a notice requirement. You have to make a claim.

Travis Prestwich · Answer

If your employer carried worker's compensation insurance, which is required, your only remedy is through the worker's compensation system. Worker's compensation is a no-fault type of insurance so it would not matter if you were at fault or not.  However, if there is any chance the machine had a defect or had been modified, you will want to speak to a personal injury lawyer first as you may have a products liability claim in addition to a worker's compensation claim.

Paul Bovarnick · Answer

You have a workers comp claim.  If a dangerous design or manufacturing flaw was a cause of your injury, you may have a claim against the machine's manufacturer.

Steven Fink · Answer

You can and should file a workers comp claim.  It will cover medical costs, lost wages, and vocational rehabilitation, if necessary.

David Craig · Answer

When you get injured on the job you are entitled to receive Worker's Compensation Benefits.  Under Worker's Compensation rules it does not matter who is at fault.  If you are hurt on the job then you are entitled to recover what is allowed by statute.  You should contact an attorney who handles Worker's Compensation cases.

Jared Altman · Answer

You have a workers compensation claim. I would hire a lawyer if I were you. Also, you may have a products liability claim if anything might have been wrong with the saw. I would look into that too.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

What are my rights if I was injured on the job due to my own negligence?

21 ANSWERS

Find Local Personal Injury Lawyers

Helpful Resources

Ask a Lawyer