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Extreme Negligence New York

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  • Extreme Negligence New York

    I understand that when a person is injured on the job you cannot sue your employer, that's why workermen's comp is put in place. But I keep hearing from different folks that if my employer was negligent that I can bring a suite against him. Is this information correct? My scenario is that I work making counter top (counter top fabricator). I was on the job 2 days when my accident happen. I was told to use a pressing machine but was never told that the machine get's stuck and that i has to be hit on the side with a hammer. I tried to unstuck the machine without this knowledge and the press released taking my left thumb and crushing all the bones on my thumb. My employer knew about this but never informed me that the machine could be dangerous. I wanted to sue the manufacture of the machine but it happens to be the my employer built the machine. do I have any othe recourse besides workman's compensation settlement. At this point it looks like I am loosing the total use of my right thumb. I was later told that I needed to hit the machine on the side with a hammer and that the machine has been that way for months. If it wasn't for the gross negligence of the employer not having the machine fix I will still have use of my thumb.After the accident they fixed the machine and put in red do not put your hands on machine. Any guidance on this situation?

  • #2
    I'm not as familiar with NY WC, but generally speaking that isn't the kind of negligence that you can sue for civilly. A machine jamming is considered a routine hazard of your job and the kind of thing WC was designed to handle. You are welcome to speak with a lawyer about it, but unless NY has a much lower standard for civil liability than most states, WC will probably be your only remedy.

    When the machine jammed did you ask how to fix it?
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


    • #3
      I was on the job two days when I was put on the machine with no warning that the machine get's stuck. I didn't know the machine jammed until it was too late. My employer knew of the machine jamming but choose not to fix it until I crushed my thumb. In NY you can't sue your employer but I was told if the employer shows gross negligence I can sue him in civil court. I'm trying to locate that information or regulations that says that.


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