What are my rights if I was injured on the job due to my own negligence? 36 Answers as of June 23, 2013

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.

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The Law Office of Josh Lamborn, P.C.
The Law Office of Josh Lamborn, P.C. | Josh Lamborn
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.
Answer Applies to: Oregon
Replied: 9/20/2011
Anderson & Bliven P.C.
Anderson & Bliven P.C. | Scott Anderson
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.
Answer Applies to: Montana
Replied: 9/20/2011
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
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.
Answer Applies to: North Carolina
Replied: 9/20/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
You can make a worker's compensation claim.
Answer Applies to: Connecticut
Replied: 9/20/2011
The Unger Law Firm
The Unger Law Firm | Jeffrey Unger
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.
Answer Applies to: Missouri
Replied: 9/20/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    The workers' compensation system is a no-fault system. That means that your employer should provide all medical treatment, lost wages, and a final lump sum settlement based on any permanent injuries, even if the injury was your fault. The only caveat is that your settlement might be reduced by a percentage if you violated safety policies that were set in place by your Employer. Even with that, your injury is worth a significant amount of money, and you should definitely get an attorney involved in the case as soon as possible to avoid some of the "traps" by the insurance companies. We offer free consultations and are happy to talk to you about your case if you would like additional information.
    Answer Applies to: Missouri
    Replied: 9/20/2011
    Ramunno & Ramunno, P.A.
    Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
    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.
    Answer Applies to: Delaware
    Replied: 9/20/2011
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    What would have prevented the injury? Was the saw safe?
    Answer Applies to: Montana
    Replied: 6/23/2013
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    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.
    Answer Applies to: Illinois
    Replied: 9/20/2011
    Wooten, Kimbrough & Normand, P.A.
    Wooten, Kimbrough & Normand, P.A. | Orman Kimbrough, Esq.
    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.
    Answer Applies to: Florida
    Replied: 9/20/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    Well first of all, there is negligence and then there is negligence. If the company was asking you to work on an unguarded saw that is not negligence exactly. However, if you just made a mistake and hurt yourself, workers compensation laws make it clear that "negligence" does not stop you from getting all of the benefits under the law. You need to discuss this with an experienced compensation attorney immediately.
    Answer Applies to: Alabama
    Replied: 9/20/2011
    The Law Firm of Shawn M. Murray
    The Law Firm of Shawn M. Murray | Shawn M. Murray
    You have the same rights under the Workers' Compensation statute regardless of the fact that your negligence caused your injuries. Generally speaking, you are entitled to reasonable and necessary medical testing and treatment, mileage reimbursement for medically-related and vocational travel, and lost wage (called "indemnity") benefits.
    Answer Applies to: Louisiana
    Replied: 9/20/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    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.
    Answer Applies to: Indiana
    Replied: 9/20/2011
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    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.
    Answer Applies to: New York
    Replied: 9/20/2011
    Aaronson Law Firm
    Aaronson Law Firm | Michael Aaronson
    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.
    Answer Applies to: Texas
    Replied: 9/20/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    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.
    Answer Applies to: Florida
    Replied: 9/20/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    You have a workers comp claim regardless of who was at fault.
    Answer Applies to: South Carolina
    Replied: 9/20/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    You are entitled to your workmen's compensation benefits unless you were violating a previously published safety rule. Even then, the employer must prove the violation caused your injury by "clear and convincing" evidence. Call my office to discuss your facts with me. If you are not in my area, I will help you find someone in your area. Stay well.
    Answer Applies to: Alabama
    Replied: 9/20/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    I am sorry to hear about your tragedy. Whether or not it was your fault, you are entitled to worker's compensation benefits. Your case will be difficult to resolve since you lost a limb. I would consult with a qualified worker's compensation firm for assistance.
    Answer Applies to: Pennsylvania
    Replied: 9/20/2011
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    The Department of Labor and Industries is supposed to be the recourse for on-the-job injuries.
    Answer Applies to: Washington
    Replied: 10/3/2011
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    You are entitled to worker's compensation when you are injured on the job. There also is the possibility that you have a products liability case for a badly made machine. We would need to discuss this matter further to find out the circumstances and how you injured yourself. If it can be shown that the hospital's negligence caused your injuries you can maintain a personal injury law suit.
    Answer Applies to: New York
    Replied: 9/20/2011
    The Torkzadeh Law Firm
    The Torkzadeh Law Firm | Reza Torkzadeh
    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.
    Answer Applies to: California
    Replied: 9/7/2012
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    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.
    Answer Applies to: Georgia
    Replied: 9/19/2011
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    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.
    Answer Applies to: Oregon
    Replied: 9/19/2011
    Rose, Senders & Bovarnick, LLC
    Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
    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.
    Answer Applies to: Oregon
    Replied: 9/19/2011
    The Law Offices of Mark Kotlarsky
    The Law Offices of Mark Kotlarsky | Mark Kotlarsky
    You are still entitled to workers compensation. Call my office and we will take care of your claim.
    Answer Applies to: Maryland
    Replied: 9/19/2011
    Craig Kelley & Faultless
    Craig Kelley & Faultless | David W. Craig
    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.
    Answer Applies to: Indiana
    Replied: 9/19/2011
    Law Offices of Steven A. Fink
    Law Offices of Steven A. Fink | Steven Alan Fink
    You can and should file a workers comp claim. It will cover medical costs, lost wages, and vocational rehabilitation, if necessary.
    Answer Applies to: California
    Replied: 9/19/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    I'm very sorry to hear about your accident. Most on-the-job injuries are covered by workers' compensation law. You should be able to recover for your resulting disability, medical treatment and lost time from work even though the accident was due at least in part to your own negligence. You may also have a potential case against the saw manufacturer. You characterize the accident as being your fault, but it is possible there were safety issues with the saw that could have prevented the accident. Saws are obviously very dangerous items and manufacturers have a duty to design reasonable safety mechanisms to prevent accident injury.
    Answer Applies to: Florida
    Replied: 2/17/2012
    Painter Law Firm PLLC
    Painter Law Firm PLLC | Robert Painter
    If your employer is a workers' compensation insurance subscriber, your claim is likely covered.
    Answer Applies to: Texas
    Replied: 9/19/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    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.
    Answer Applies to: New York
    Replied: 9/19/2011
    Eftekhari Law Offices
    Eftekhari Law Offices | Ehsan Eftekhari
    It is irrelevant. You can recover for your injuries.
    Answer Applies to: Illinois
    Replied: 6/23/2013
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