Hurt By A Machine At Work

[VikkiG]

My husband's fingertip just above his first knuckle was amputated in a machine at work. This was not the first time that type of injury has happened to a worker at the factory. my accident was not the 1st of this type at this company. Another worker also lost a fingertip on the same type of machine because the guards were off. Since my husband was hurt they fixed the machine so only the part will fit into the machine so nobody else can be hurt like that. What can he do?

[Anonymous]

Your husband's primary resource is to apply for workers' compensation benefits. The employer is probably shielded from being sued in a tort case unless it didn't maintain proper workers' compensation insurance coverage.

If the defect in the machine was the responsibility of a third party, or if somebody other than your husband's employer was somehow involved in the condition of the machine, or its maintenance, there is a potential product liability or negligence case. This analysis is best made by a lawyer who knows all of the facts of the situation and how the injury occurred.

Ideally, your husband will meet with a lawyer or law firm that practices both workers' compensation and personal injury law, so that his case can be fully evaluated both to maximize his workers' compensation recovery and also to see if anybody might be responsible to pay additional damages or for his "pain and suffering".