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ConcernedCivilian

Workers Comp and Work Site Injury

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Last week, my son (22 years old) cut three fingers on a mixer machine at work. His middle finder was amputated, index finger may or maynot have feeling, and the ring finger nail bed was sewn back on his dominant (Left) hand. His company started the Workers Compensation Claim process. However, I have a question and want to ensure my son life will not be limited because of this. The mixer machine is know for getting stuck and require him to use his hand to get out the product. Does this machine have guards? What is the inspection codes on this particular machine? We would like to sue for unsafe workplace.

Do he have a case?

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ConcernedCivilian said...

I . . . want to ensure my son life will not be limited because of this.

I'm not sure what you mean by this. He lost a finger, and there's nothing you can do about that.

ConcernedCivilian said...

Does this machine have guards?

We know nothing about your son's situation other than what you put in your post. All you've said is that this happened because of "a mixer machine." I'm sure there are thousands of machines that could be described as "a mixer machine" (ranging from simple kitchen mixers to large pieces of construction equipment) and tens or hundreds of thousands of individual machines.

ConcernedCivilian said...

What is the inspection codes on this particular machine?

Again, we have no information about this particular machine, and, without knowing anything about the particular machine, we can't possibly know if there are any laws or industrial regulations that apply to it. You also didn't identify the state where this occurred.

ConcernedCivilian said...

We would like to sue for unsafe workplace.

There is no "we" here. Your son is an adult. Generally, a workers comp claim is an employee's exclusive recourse for an on-the-job injury. There are exceptions to that general rule, but they vary from state to state. All I can tell you is that, in my state, there would be no applicable exception.

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We are located in Montana. In my son's case, there is a "We"; although he is grown, he is my son. I will always be there for him. And a Mixer Machine that was mentioned in my original post is an industry mixer. Of course, you do not know anything about the Mixer because I don't. I wanted to know if we had a case due to third party negligence?

Back to the original question, do we have a case to sue for company negligence if the mix machine was not properly guarded against amputations ro injuries in general.

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ConcernedCivilian said...

In my son's case, there is a "We"; although he is grown, he is my son. I will always be there for him.

Whether or not you are "there for him" is irrelevant. There is no "we" because you have no legal standing to do anything.

ConcernedCivilian said...

And a Mixer Machine that was mentioned in my original post is an industry mixer. Of course, you do not know anything about the Mixer because I don't.

Well, then, it's a little difficult to understand how you might expect anyone here to know if the machine has guards or what laws or regulations might exist.

ConcernedCivilian said...

I wanted to know if we had a case due to third party negligence?

"We" do not have a case. Rather obviously, we have no way of knowing whether your son has a viable case based on the negligence of some unknown third party who may or may not have done some unknown thing in a negligent manner.

ConcernedCivilian said...

Back to the original question, do we have a case to sue for company negligence if the mix machine was not properly guarded against amputations ro injuries in general.

Your original post said something about suing "for unsafe workplace." In your follow up post, you said something about "third party negligence," and now you're asking about "company negligence." These are all different things. "Third party negligence" would imply a claim against someone other than your son's employer.

Based on a quick and cursory google search, there is no exception to workers' compensation exclusivity for employer negligence. However, if there is reason to believe that the manufacturer of the machine may have negligently designed or manufactured it, or if your son's employer used a third party contractor to maintain or repair the machine and that such third party did so in a negligent manner, then he may be able to maintain a viable negligence action against the third party.

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If your son was injured by a defective machine, then you should talk to a products liability lawyer in your state. Many times the safeguard that would have prevented the injury has been removed by the employer. In that type of situation, your son probably only has a workers compensation claim. You should be aware there are time limits for bringing this type of claim.

Jerry Lutkenhaus

Virginia Workers Compensation & Disability Lawyer since 1973

www.virginiadisabilitylawyer.com

Any information provided in this answer is meant to be general information and not legal advice. This answer does not create an attorney client relationship.

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