Visitor Question

Work Injury due to Improper Training…

Submitted By: Anonymous (USA)

I work with a machine and its safety features had been fiddled with so men could run in and out of the machine without setting it off. I was also trained improperly on how to use the machine. While working my arm was caught and shattered the humorous and snapped the ulna. I lost mobility in my thumb and I am currently at 85% of what my arm used to be. The factory produces material for companies all over the world.

Do I have a case for personal injury? What should I do? Thanks.

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 Anonymous,

It sounds as though you definitely have a claim, it just depends on all the underlying facts.

According to what you have provided, you have a workers compensation claim. This applies when a person is injured while in the scope of their employment. Here you were working, when a machine that was tampered with malfunctioned as a result of said tampering. I would pursue this first.

As far as the failure to train, this would go to support your workers compensation claim and if your employer knew that the machine had been altered, it may also lead to punitive damages. More facts wold be needed to determine whether you have a products liability cause of action as well.

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 14, 2010

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