My son cut two finger portions off while using heavy equipment at work that didn’t have proper safety guards. He yelled for help, and when someone finally came, they did not call an ambulance or properly prep the fingers so they could be saved and reattached. Instead, they told him to go to hospital himself (while he was in shock).
This is awful. What should he do? Thank you.
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.
Your son must immediately file a workers’ compensation claim. Workers’ comp insurance will cover his medical bills, and his out-of-pocket expenses for medications, costs of transportation to and from treatment, hospital parking fees, and other costs directly related to his injury and treatment. His WC insurance will also cover about two-thirds of his lost wages.
Even though his employer appeared to be callous in not properly and promptly responding to you son’s injury, such callousness, delay of medical attention, and sheer negligence is irreverent to his claim.
In workers’ comp claims, negligence is not a determinative issue. Whether or not your son’s employer was negligent will have no basis in his claim. All that’s necessary for your son to receive workers comp benefits, is to show the injury happened while on the job.
Furthermore, payment for pain and suffering is not permitted in workers’ comp claims. Instead, in addition to coverage for his medical bills, out-of-pocket expenses, and partial lost wages, your son may be entitled to a partial temporary, or permanent disability lump sum settlement.
Learn more here: Claims for Workplace Amputations
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
We wish you the best with your claim,
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