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OT Lawyers: Lend me your eyes

Posted on 11/16/17 at 8:36 pm
Posted by AubieALUMdvm
Member since Oct 2011
11713 posts
Posted on 11/16/17 at 8:36 pm
I don't know if it's necessary but to be safe I'll keep this kinda vague

A friend from where I used to live in upstate NY, "John", is injured on the job. His job requires some work with various types of equipment. The injury is at least in the short term pretty debilitating I think and in the long run may easily impact his personal life and definitely his current work. Surgery very real possibility too.

The injury has occurred due to faulty equipment. Not long ago his co worker was also injured and it may have been due to the same piece of equipment - that detail about it being the same piece isn't entirely clear yet but it's looking to be likely.

Seems obvious to me the company is in some hot water due to negligence and a lawyer should be contacted.

Question: What type of lawyer exactly is needed here? While that's being taken care of what steps is John to take, precautions, traps, ect... I'm not sure he shares my general paranoia about how companies will screw people over in this position so I'm trying to help point him in the right direction. This company in particular I do not trust at all based on their treatment of him in the past. Will they possibly try to get him to sign something to absolve them of major responsibility?
Posted by S
RIP Wayde
Member since Jan 2007
155937 posts
Posted on 11/16/17 at 8:38 pm to
Get well soon John.
Posted by Captain Crackysack
Member since Oct 2017
2231 posts
Posted on 11/16/17 at 8:39 pm to
Just get Gordan and get it done
Posted by ThatMakesSense
Fort Lauderdale
Member since Aug 2015
14832 posts
Posted on 11/16/17 at 8:40 pm to
Reads like this company hires incompetents.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
25867 posts
Posted on 11/16/17 at 8:45 pm to
I assume he has a comp attorney? If so that attorney should investigate any potential third-party claims such as a products liability claim. In most states, you can't file a civil case against an employer unless there was gross negligence or willful and wanton actions. The bar will be different in different states. In general, the Workers Comp laws prevent suing the employer for injuries.
Posted by Btrtigerfan
Disgruntled employee
Member since Dec 2007
21597 posts
Posted on 11/16/17 at 8:47 pm to
If John is a transexual black man, he has a great case.

If he is a white male, his injury is simply the universe adjusting the playing field for the less fortunate.
Posted by Bjorn Cyborg
Member since Sep 2016
26944 posts
Posted on 11/16/17 at 8:49 pm to
Not a lawyer, but he won't be able to sue for liability. He will get workers comp.
Posted by kingbob
Sorrento, LA
Member since Nov 2010
67216 posts
Posted on 11/16/17 at 9:32 pm to
well, obviously there are several issues here to unpack. He needs an attorney (or more than 1) that have experience in personal injury, workman's comp, employment law, and products liability.
Posted by East Coast Band
Member since Nov 2010
62901 posts
Posted on 11/16/17 at 9:33 pm to
If you're in Birmingham, choose any one of the 15 different accident attorneys that are seen on any of the 5000 billboards around the city.
Posted by Murtown
OT Ballerville
Member since Sep 2014
1620 posts
Posted on 11/16/17 at 10:11 pm to
In LA hurt on the job WC is exclusive remedy unless it goes beyond normal scope of negligence or was an intentional tort. Product liability is a different animal
This post was edited on 11/16/17 at 10:12 pm
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