Visitor Question

Finger Tip Ripped Off Due to Faulty Equipment…

Submitted By: Anthony (Casa Grande, Arizona, USA)

I was at work when my left index finger got caught in a machine. The finger tip was basically ripped off to the first knuckle. According to OSHA’s report (Occupation Safety and Health Administration), my employer has been fined a lot and they had faulty equipment.

I was flown to the hospital when the incident happened, but the finger was too damaged to re-attach. My medical bills exceed over $80,000.

I’m wondering how much I should get in compensation for this? Also, how will workers compensation affect my settlement? I feel like the company should be held responsible since the equipment was faulty and they have a history of fines from OSHA.

Thanks for any information you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anthony,

There are two ways to determine the compensation you will receive…

First:

Workers Compensation

According to the Workers Compensation Act, Article 1, Section 97-31, “For the loss of a first finger, commonly called the index finger, (compensation is) sixty-six and two-thirds percent (66 2/3%) of (your) average weekly wages during 45 weeks…”

Of course this amount will be in addition to the repayment of your medical bills and out of pocket expenses for medicine and any other health aids related to the injury.

Second:

If you are able to prove the machine which caused your injury was defective, or if its design was faulty you have the option of filing a lawsuit against the manufacturer. A product liability lawsuit will be independent of the workers compensation settlement.

In a lawsuit against the manufacturer your settlement amount might be computed by multiplying your medical bills by anywhere from 3x to 5x, or possibly even higher.

Keep in mind that any settlement you might hope to receive may be limited if you were negligent in the operation of the machine.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: December 16, 2012

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One thought on “Finger Tip Ripped Off Due to Faulty Equipment…

  1. Yes, I got the workmans comp benefits. I talked to an OSHA employee and he said the machine had earned 7 violations for faulty wiring, no safety guards, etc. I only have one shot at this and don’t want to mess it up.

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