Do I have a legal case against my employer if I suffered an injury while working? 46 Answers as of July 17, 2013

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.

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Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
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.
Answer Applies to: New York
Replied: 9/7/2012
Sedin Begakis & Bish | Mindy Bish
Yes. At the very least you have a worker' s compensation claim.
Answer Applies to: California
Replied: 9/3/2012
Law Office of Ronald G. Draper | Ronald G. Draper
Yes.
Answer Applies to: Illinois
Replied: 5/28/2013
Ezim Law Firm | Dean Esposito
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.
Answer Applies to: Louisiana
Replied: 9/3/2012
Klisz Law Office, PLLC
Klisz Law Office, PLLC | Timothy J. Klisz
Yes. You have a great workers comp case, maybe even more.
Answer Applies to: Michigan
Replied: 9/3/2012
    Robinette Legal Group, PLLC
    Robinette Legal Group, PLLC | Jeffery Robinette
    Do you want this one?
    Answer Applies to: West Virginia
    Replied: 6/19/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    You may file a worker's compensation case against your employer only. You may not sue the employer because of the fact that your sole remedy against your employer is worker's compensation for all work related injuries.
    Answer Applies to: New York
    Replied: 8/31/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Yes, Workers comp.
    Answer Applies to: Michigan
    Replied: 8/30/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    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.
    Answer Applies to: North Carolina
    Replied: 8/30/2012
    Dennis P. Mikko Attorney at Law | 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.
    Answer Applies to: Michigan
    Replied: 8/30/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    You have a right to file a workers compensation claim.
    Answer Applies to: Rhode Island
    Replied: 8/30/2012
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    It is a workers compensation case.
    Answer Applies to: Michigan
    Replied: 8/30/2012
    Gary L. Platt, Attorney at Law | Gary Platt
    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.
    Answer Applies to: California
    Replied: 8/30/2012
    Lewis B. Kaplan | Lewis B. Kaplan
    In Illinois "fault" is not part of a worker's compensation claim. If the accident arises out of and in the course of employment the resulting injury is covered by worker's compensation. So you do have a claim. You may also have a products liability claim against the manufacturer of the machine which injured you based on defective design or other defect in the machine. A lawyer well versed in worker's compensation and products liability law should be consulted on both issues.
    Answer Applies to: Illinois
    Replied: 8/30/2012
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    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!
    Answer Applies to: Iowa
    Replied: 8/30/2012
    Lee Law Group | Ernest Lee
    This is a worker's comp case. If you feed your boss was super negligent, contact a worker's comp attorney.
    Answer Applies to: California
    Replied: 8/30/2012
    Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
    Looks like they should be responsible. However I need much more information to make a determination.
    Answer Applies to: Utah
    Replied: 8/30/2012
    Posternak Blankstein & Lund, LLP | Michael Eliot Rubin
    Yes.
    Answer Applies to: Massachusetts
    Replied: 5/22/2013
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    Unfortunately, the only remedy for workplace injuries is usually through the Department of Labor & Industries Workers' Compensation program. http://www.lni.wa.gov/. If they don't give you enough, it is possible to appeal within the department and up to the courts, but the standards tend to favor the government.
    Answer Applies to: Washington
    Replied: 8/30/2012
    Shaw Law Firm
    Shaw Law Firm | Steven L. Shaw
    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.
    Answer Applies to: Washington
    Replied: 8/28/2012
    Lapin Law Offices
    Lapin Law Offices | Jeffrey Lapin
    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.
    Answer Applies to: Nebraska
    Replied: 8/28/2012
    Law Offices of Karen Davidson | Karen Davidson
    Yes you do have a valid claim and should contact a lawyer right away.
    Answer Applies to: Rhode Island
    Replied: 8/28/2012
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    You have potentially 2 cases. First, you have a workers' compensation case. Second, you have a potential product liability or other tort claim.
    Answer Applies to: Georgia
    Replied: 8/28/2012
    Law Offices of Steven D. Urban
    Law Offices of Steven D. Urban | Steven D. Urban
    All cases vary based upon their unique facts. Notwithstanding, it does sound like you have a case.
    Answer Applies to: Texas
    Replied: 8/28/2012
    Holcomb Chaffin Rogers & Finn | William M. Chaffin
    You likely have a Worker's Compensation claim or a Jones Act claim.
    Answer Applies to: Mississippi
    Replied: 8/28/2012
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You have a workers comp claim regardless of fault.
    Answer Applies to: Connecticut
    Replied: 8/28/2012
    Law Offices of Stanley S. Lopata
    Law Offices of Stanley S. Lopata | Stan Lopata
    Absolutely you must file a claim for your injuries. Do it now! Contact an attorney immediately so that your rights are protected.
    Answer Applies to: California
    Replied: 8/28/2012
    Danville Law Group | Scott Jordan
    Are you a Longshoreman? You certainly have a workers' compensation claim either in state or federal court. Blame is not an issue. Scott Jordan, Esq. Danville Law Group 319 Diablo Road, Suite 202 Danville, CA 94526 T: (925) 362-1725 F: (925) 263-1905 sjordan@danvillelawgroup.com Confidentiality Notice: The information contained in this e-mail message and any attachments hereto (this "Message") may be confidential and/or privileged and/or proprietary. If you are not the intended recipient or agent thereof, you are hereby notified that disclosure, copying, or distribution of this Message is strictly prohibited. If you have received this Message in error, please notify the sender by reply e-mail, delete the original Message and destroy any hard copies of the same. It is the responsibility of the recipient to ensure that this Message is defect and virus-free; no responsibilty is accepted by the sender or sender's employer for any loss or damage to recipients' computer system arising in any way from its use. This firm acts as a Debt Relief Agency under the Bankruptcy Reform Act. We help people file for Bankruptcy relief under the Bankruptcy Code. Further, this firm can also act as a Debt Collector under the Fair Debt Collections Practices Act. If this firm is attempting to collect a debt from you, this can be considered a communication from a debt collector and any information obtained from you may be used to collect that debt.
    Answer Applies to: California
    Replied: 8/28/2012
    Norsigian Law Office | Hrant Norsigian, Jr.
    Yes. If you were on the job and performing work duties when you were injured, you would have a worker's compensation case. You are entitled to receive 3 main benefits: 1. medical expenses related to the injury should be paid by your employer; 2. if you are unable to work, you should receive two-thirds of your average weekly wage during such time; and 3. when your injury has healed (maximum medical improvement), you will receive a lump sum representing the amount of disability you have suffered with respect to the injured body part.
    Answer Applies to: Illinois
    Replied: 8/28/2012
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    You have a workers comp claim. Who's at fault is irrelevant. If it happened at work, the employer is liable.
    Answer Applies to: South Carolina
    Replied: 8/28/2012
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    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.
    Answer Applies to: Virginia
    Replied: 8/28/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    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.
    Answer Applies to: Michigan
    Replied: 8/28/2012
    The Gardner Law Firm, PLC | Brandon Gardner
    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.
    Answer Applies to: Michigan
    Replied: 8/28/2012
    Rags Beals Seigler Patterson & Gray
    Rags Beals Seigler Patterson & Gray | Ronald D. Reemsnyder
    If your employer has workers comp your possible negligence is not a bar to your recovery of benefits. If your injury arose out of and was in the course of your employment, you should get benefits.
    Answer Applies to: Georgia
    Replied: 8/28/2012
    Ford, Howard & Cornett, P.C. | Bradley Cornett
    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.
    Answer Applies to: Alabama
    Replied: 8/28/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    It is a workers comp claim. Fault is not an issue.
    Answer Applies to: California
    Replied: 8/28/2012
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Depends on which state you were injured in? Generally, the employer is immune from suits if workers comp is provided.
    Answer Applies to: Montana
    Replied: 8/28/2012
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    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.
    Answer Applies to: New York
    Replied: 8/28/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    You've got a BIG-TIME suit here. Did you file Workers' Comp.? Why not.
    Answer Applies to: Michigan
    Replied: 8/28/2012
    Tucker Griffin Barnes, PC | Yvonne T. Griffin
    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.
    Answer Applies to: Virginia
    Replied: 8/28/2012
    Law Offices of Maxwell Charles Livingston
    Law Offices of Maxwell Charles Livingston | Maxwell C Livingston
    The company has to cover you if you were injured while performing a work-duty.
    Answer Applies to: Wisconsin
    Replied: 8/28/2012
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