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work injury
Posted by Anonymous . updated on 9/23/2008
what recourse do I have if I was injured on a saw at work that had the safety guards removed by employer?
Answers (5)
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In Missouri Worker's Compensation is the exclusive legal remedy for on-the-job injuries, with a very limited number of exceptions. I would strongly advise you to consult with a Worker's Compensation attorney before you do anything else. If you do not know one, I would be very happy to refer you to one of the very best.
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Though normally, you may not have a claim against your employer due to worker's comp, you may very well have a claim against your employer in this situation. Please provide me with your contact info to ehollander@ekhlaw.com to discuss.
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There are several potential claims you might have. The first would be a workers compensation claim against your employer. Depending on the why the guard was removed and how it was removed, you might also have a claim against the individual who was responsible for removing the guard. Finally, you might have a product liability claim against the manufacturer of the saw for negligent design or failure to warn about the dangers of the saw. In any event, you should speak with an experienced trial attorney immediately to discuss your possible claims. If you do not already have an attorney and would like to discuss your situation further, feel free to contact us.
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generally work injuries have to be filed under worker's comp. There are situations, however, that the employer may be liable if the employer puts the employee at risk. It really just depends on the facts of the case. Was this in Missouri or Illinois?
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Dear Sirs: You may have a product liability case, as well as a workmen's compensation case. There may be a case against the company who removed the guard. Please call right away to discuss. Very truly yours, Wunsch Law Offices (312) 977--9900 info@wunschlaw.com
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