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jaymashburn1824

Work injury. Failed drug screen by employer.

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I was operating a machine that I never received proper training on and on my first day I was to be trained I never received any instructions. My hand got hit by a mechanical arm, which was designed to pull labels from a label basketbal that you have to fill with labels with no machine guards in place. I know safety and I always figured if you are within 3 feet of a production machine it is to be locked out taged out 

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Lock Out Tag Out blocks power to a machine which is being repaired or is malfunctioning. It has nothing to do with safeguards for operations equipment.

 

Other than that, you didn't ask a question or indicate what state you are in, and WC varies by state.

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Sorry to hear about your injury. I hope you got immediate medical treatment, filed an incident report with your employer, and kept records of everything.

 

There are some key details missing in your question, so it’s difficult to get too specific in this answer. I’m not sure why “failed drug screen” was included in your question title. Also, laws regarding workers’ compensation vary from state to state, and you didn’t mention where this incident took place.

 

At any rate, if you are from a no-fault state, it doesn’t matter who is responsible for the injury. If you got injured while on the clock, you are entitled to compensation including medical expenses and lost wages. The tradeoff in most cases (barring extraordinary recklessness or misconduct on the part of your employer) is that you can’t sue your company. It’s insurance which pays for your compensation.

 

This answer is for informational purposes only. To get legal advice, I strongly recommend that you consult with a lawyer who has experience with workers’ comp cases. Good luck!

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