My husband’s wrist was cut by a machine while doing maintenance on said machine. It was cut all the way to the artery, through nerves and tendons. He had to have immediate surgery to repair the artery, and spent one night in the hospital. He now has numbness from his pinky finger along side of his hand to beyond the wrist, radiating into his palm. The doctor says that feeling will probably be permanent.
Is he entitled to any compensation other than medical bills paid and lost time pay?
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.
In addition to receiving compensation for his medical bills, and a percentage of his lost wages, your husband is entitled to reimbursement for his out-of-pocket costs. Out-of-pocket costs for injured workers can include medications, the costs of travel to medical treatment or therapy, slings, wheelchairs, home nursing costs, and other costs which are directly related to his injury.
However, there may be another route toward compensation. This is in addition to benefits he would be entitled to under South Carolina’s Workers Compensation laws.
If your husband can prove the machine which injured him was defective, and that defect was the direct and proximate cause of his injury, he may be able to succeed in a personal injury claim against the manufacturer or retailer of the machine.
In addition, if it can be proved your husband’s employer knew, or should have known the machine was defective, and with that knowledge failed to repair the machine or take action to protect your husband (or other workers) from injuries, then your husband may pursue a personal injury claim against his employer. This claim would be in addition to any rights your husband might have under South Carolina’s Workers Compensation laws.
In the event your husband believes the machine which injured him was defective, or that his employer knew (or should have known) the machine was defective, then your husband’s best interests would be served by visiting with several personal injury attorneys in your area.
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,
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