Do I have a case if I got hurt on the job? 21 Answers as of April 21, 2014

I work in a warehouse and I was hurt by one of their machines. It malfunctioned while I was working and it took in 2 of my fingers and crushed them. They didn't offer to take me to the ER. Instead they made me wait 2 hours for their clinic to open. I have gone through 2 surgeries and I am in my second month of physical therapy. I want to know if it's worth suing them. I am in a lot of pain still and I am worried that it's going to cause long term damage to my dominant hand. Thanks for your feedback.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Durham Jones & Pinegar | Erven Nelson
You have a workers compensation case against your employer. You may also have a case against the manufacturer of the machine.
Answer Applies to: Nevada
Replied: 4/21/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
You certainly need to see a workers comp lawyer ASAP.
Answer Applies to: California
Replied: 4/17/2014
The Bryan Law Firm, L.L.C.
The Bryan Law Firm, L.L.C. | Douglas L. Bryan
You appear to have a good worker's compensation claim. An attorney who handles worker's compensation matters can counsel you regarding your rights.
Answer Applies to: Louisiana
Replied: 4/17/2014
Pete Leehey Law Firm, P.C.
Pete Leehey Law Firm, P.C. | Pete Leehey
You have a workers' compensation case. If the workers' compensation insurance company has not been paying your medical bills and time off, you should immediately contact a workers' compensation lawyer.
Answer Applies to: Iowa
Replied: 4/17/2014
Steven Harowitz Law offices | Steven Harowitz
Yes you a good case in which you deserve to be compensated for. I would be more than happy to talk to you bat your earliest convenience.
Answer Applies to: California
Replied: 4/17/2014
    Geneva Yourse | Geneva Yourse
    In order to preserve your legal rights you have to file a workers' compensation claim. You are unable to file a lawsuit outside of the confines of workers' compensation through the industrial Commission. All compensation will be received through the NC Industrial Commission. You should file a Form 18, if not already done. See this website for more information on how to get compensation and start a claim. http://www.ic.nc.gov/claimants.html If your employer does not cooperate, you should hire an attorney.
    Answer Applies to: North Carolina
    Replied: 4/17/2014
    Gates' Law, PLLC | Thomas E. Gates
    You must use the workman's comp system to make your claim for injuries.
    Answer Applies to: Washington
    Replied: 4/17/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Your only remedy is worker's comp.
    Answer Applies to: Idaho
    Replied: 4/17/2014
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    If you were hurt on the job you need to retain a worker's compensation attorney. Go sit down an speak with an attorney today. Insurance companies do not treat people fair when they do not have an attorney.
    Answer Applies to: Georgia
    Replied: 4/17/2014
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    You will have a worker's compensation case which will pay you extremely limited benefits. You may also have a case for unlimited damages against the manufacturer of the machine that malfunctioned or possibly others, depending on the circumstances. Seriously consider consulting an experienced industrial accident lawyer that is familiar with both comp and third party cases.
    Answer Applies to: Alabama
    Replied: 4/17/2014
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    First of all you cannot sue your employer because your remedy against him is worker's compensation. You should contact an attorney to represent you in this matter. Secondly, you should contact an attorney to determine if there is a products liability case against the manufacturer of the machine.
    Answer Applies to: New York
    Replied: 4/17/2014
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Worker's compensation.
    Answer Applies to: Michigan
    Replied: 4/17/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You can't sue your employer, as worker's comp is your only remedy as to them. But, if there was some other party, agency or company that caused your injury, you can pursue what is called a "third-party action" against them. For example, was there a defect in the machine? An unguarded part? Had the machine been serviced by a repair company that resulted in it's being used while in an unsafe condition? You may not know some of the information or issues, but it's possible they could be explored. Contact an experienced personal injury lawyer in your area to discuss the matter further.
    Answer Applies to: New York
    Replied: 4/17/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    If this is the company you work for then you have a worker comp case. see a good comp lawyer.
    Answer Applies to: North Carolina
    Replied: 4/17/2014
    Graves Law Firm
    Graves Law Firm | Steve Graves
    You may have a case against the machine manufacturer if the machine was defective. See a lawyer.
    Answer Applies to: Texas
    Replied: 4/17/2014
    Doroshow, Pasquale, Krawitz & Bhaya | Donald E. Marston
    You certainly have a claim for workers comp benefits. I would be happy to discuss this with you,
    Answer Applies to: Delaware
    Replied: 4/17/2014
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You may have a workers' compensation case against your employer, and it would be worth looking at the possible claim against the manufacturer of the malfunctioning machine.
    Answer Applies to: Illinois
    Replied: 4/17/2014
    Law Offices of Tanya Gendelman, P.C.
    Law Offices of Tanya Gendelman, P.C. | Tanya Gendelman, Esq.
    You must contact a workers compensation attorney right away.
    Answer Applies to: New York
    Replied: 4/17/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You have a workers' comp claim in Michigan, and potential and rarely another cause of action.
    Answer Applies to: Michigan
    Replied: 4/17/2014
    Lewis B. Kaplan | Lewis B. Kaplan
    Worker's Compensation Insurance should be paying your medical bills and you should be receiving temporary total disability payments if you are off work . There are other worker's compensation benefits which may be available . For example vocational rehabilitation if you cannot return too your old job . I addition you may have a claim against the manufacturer of the faulty machine in what is known as a third party claim . Translation of all the foregoing is that if you do not hire a lawyer to handle your claims you are making one huge mistake.
    Answer Applies to: Illinois
    Replied: 4/17/2014
    Ty Wilson Law
    Ty Wilson Law | Ty Wilson
    You have a workers' compensation claim which is sounds as if you already know and are receiving treatment for.? You may have a personal injury claim against the manufacturer of the machine which malfunctioned, the challenge is the cost of experts who will need to inspect the machine. You also have the issue of what is known as the exclusive remedy rule, which prevents you from suing your employer for personal injuries, you must go through workers' compensation. So if the employer was responsible for maintaining the machine and failed to do so causing the machine to malfunction you may not have anyone to hold liable other than your employer through workers' compensation however you will not know this until you investigate or hire an attorney to do so. You should reach out to a product liability attorney to investigate further.
    Answer Applies to: Georgia
    Replied: 4/17/2014
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney