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Started By
Message
OT Lawyers: Lend me your eyes
Posted on 11/16/17 at 8:36 pm
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?
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?
9
Posted on 11/16/17 at 8:38 pm to AubieALUMdvm
Get well soon John.
Posted on 11/16/17 at 8:39 pm to AubieALUMdvm
Just get Gordan and get it done
Posted on 11/16/17 at 8:40 pm to AubieALUMdvm
Reads like this company hires incompetents.
Posted on 11/16/17 at 8:45 pm to AubieALUMdvm
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 on 11/16/17 at 8:47 pm to AubieALUMdvm
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.
If he is a white male, his injury is simply the universe adjusting the playing field for the less fortunate.
Posted on 11/16/17 at 8:49 pm to AubieALUMdvm
Not a lawyer, but he won't be able to sue for liability. He will get workers comp.
Posted on 11/16/17 at 8:50 pm to Obtuse1
quote:
In general, the Workers Comp laws prevent suing the employer for injuries.
Wow ok I would not have guessed this. Even if they knew their equipment was faulty, didn't fix or replace (not 100% sure this is the case yet) and had already caused an injury?
This post was edited on 11/16/17 at 8:51 pm
Posted on 11/16/17 at 8:57 pm to Obtuse1
quote:
In general, the Workers Comp laws prevent suing the employer for injuries.
Unless he’s covered by the Jones Act, but it doesn’t sound like he was on a boat
Posted on 11/16/17 at 9:04 pm to AubieALUMdvm
quote:
Wow ok I would not have guessed this. Even if they knew their equipment was faulty, didn't fix or replace (not 100% sure this is the case yet) and had already caused an injury?
The whole point of comp laws is to streamline the system and make recovery simple while limiting the employers' liability.
Again, if the employers' actions clear NY's definition of gross negligence then he could sue them in civil court. I have no idea (nor do I feel like researching it) what NY code or case law says on this but most states make it pretty hard to sue employers for OTJ injuries. Third party claims like products liability (often situations that involve machine guarding accidents) are a different story and are usually based on standard negligence laws of the state.
Posted on 11/16/17 at 9:05 pm to tgrbaitn08
quote:
Unless he’s covered by the Jones Act, but it doesn’t sound like he was on a boat
I never practiced close enough to navigable waters to have dealt with admiralty law.
Posted on 11/16/17 at 9:06 pm to Obtuse1
Thanks for your time. This is helpful
Posted on 11/16/17 at 9:06 pm to Btrtigerfan
quote:
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.
I will pray for your loss in the dick size lottery.
Posted on 11/16/17 at 9:29 pm to AlonsoWDC
There are really too many variables to say with any certainty. If the company opted out of the work comp system or didn't have insurance, then the company could be liable. It just depends on the state too. For example, Texas is an opt out state, so you can sue your employer in tort there. Every state is different though.
In Louisiana under this scenario, you could get both work comp and sue the manufacturer of the equipment in tort (if not the same as employer). However, the employer can sue for intervention of what they've paid in comp.
Either way, your friend needs to consult a lawyer.
In Louisiana under this scenario, you could get both work comp and sue the manufacturer of the equipment in tort (if not the same as employer). However, the employer can sue for intervention of what they've paid in comp.
Either way, your friend needs to consult a lawyer.
Posted on 11/16/17 at 9:32 pm to AubieALUMdvm
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 on 11/16/17 at 9:33 pm to AubieALUMdvm
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 on 11/16/17 at 9:42 pm to Fulwar
quote:
For example, Texas is an opt out state,
I think only OK and TX are opt-out states.
quote:
However, the employer can sue for intervention of what they've paid in comp.
Pretty much every state recognizes subrogation rights on a third party claim.
Posted on 11/16/17 at 10:11 pm to AubieALUMdvm
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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