If my 26 year old son accidently severed part of his middle and ring fingers at in a machine at work, what should he do?
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If my 26 year old son accidently severed part of his middle and ring fingers at in a machine at work, what should he do?
Asked on November 9, 2013 under Personal Injury, Vermont
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
He should submit a claim for worker's compensation--this is an injury in the workplace, and should be covered. If the employer has worker's comp, the worker's comp provides his compensation or recourse, without the need for a lawsuit.
If his employer did not provide worker's compensation coverage, he would have the right to sue te employer for his injury (e.g. for medical costs; lost wages; pain and suffering) IF it could be shown that the employer was at fault in some way--for example, that the machine was not maintained properly or lacked safety gear, and that's what caused the injury. If the employer was not at fault, however, they would not be liable.
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