My husband was hurt on the job 2 days ago, which required emergency medical care and surgery. He came close to losing his entire hand in a meat grinder accident. The grinder was supposed to have a safety mechanism, where if you lifted the lid, the machine would cut off, but it was not working. I am guessing he will be receiving workman's comp. benefits, but is this safety malfunction grounds for a lawsuit? It looks like his hand will never be fully functional. I'm afraid his career as a meat cutter is over. He doesn't have any other trade that he can do and his age is a factor (58). I'm afraid that he will be unable to work sufficiently after this accident.
Yes you do. Contact your local OSHA Field Office. In case you not know, OSHA stands for: Occupational Saftey and Health Administration. they can be found in the white pages or from any sign in any place of employment. Talk to a lawyer first and they will check it out. The company who made it and company your husband worked for both can be sued.
I know what your talking about. I lost almost a third of my brain due to no warning on a cough medicine after they changed active ingradients. congress changed the laws for going after the pharmacuetical companies during their last session of congress during clintons last days and bush the bastard signed it into law. No lawsuits against pharmacueticals after three years is the law. Even though i was clinically dead for an hour and lost so much of my brain that i'll never work again. The problem you will face will be finding a lawyer to take your case on contingincy. He gets paid when you win. OSHA should be on it, you'll need them to corroberate that the company screwed up and caused the accident. I'm on disability and it's not enough but with my wife working for a big bank we scoot buy. good luck
Three questions a lawyer will ask you. Guaranteed. 1. Did you husband report this violation AND did the company roger up they received this information. 2. Was your husband unaware the safety device was not working. 3. Is the equipment tested before use. Honest answers to these questions determine if you have a valid case. Best of luck to your husband. Respectfully, Judobigdog
I think you've got one helluva case! It is a requirement of OSHA that all machines in the work place are inspected and in working order. Obviously, this one wasn't so it is definitely the fault of his employers. And I disagree that you don't have a case if your husband knew the safety wasn't working. It is still the employers responsibility to have this fixed to prevent exactly what happened to your husband from happening to anyone. And I think it makes you have an even better case, because therefore it was known that the safety wasn't working. I don't imagine you'll have any trouble getting a lawyer to take this and why in the world you wouldn't win. He should apply now for disability because it can take up to a year for this to be approved (or longer). It is likely that he won't be able to work again and if he can't work, therefore no income coming in, you guys are going to be hurting for money. The lawsuit will take a lot of time and most likely so will disability. Get started on them both immediately.
Ussually yes, you have one hell of a case. The company is expected and required to provide SAFE equipment. The exceptions are if your husband provides his own equipment, or if your husband is supposed to maintain the equipment, and failed to do so.Or if he failed to report defective equipment, If he knowingly used defective equipment it's his fault.
