Workplace Injury Archives - The Law Offices of David E. Gordon
Is my employer liable if I’m injured at work by defective equipment?
Yes, but only under workers’ compensation law. Whenever a worker is injured as a result of defective equipment, or a dangerous situation he was placed in by his supervisor, or the fault of another employee, he wonders whether his employer is responsible for the injuries and wage loss suffered. The…
If I have been injured at work, am I eligible for social security disability benefits?
Yes, if upon your recovery, you are still unable to work, you may be eligible for social security disability. In order to qualify, you must convince the social security administration that because of your medical condition, you are incapable of any form of employment for which you are qualified. Your…
What if my employer doesn’t have workers’ compensation insurance?
Contact the Department of Labor at (901) 543-6077 and tell them your employer is not providing you with benefits for your injury at work. Not only are there monetary penalties for failure to comply with the law, but the Department of Labor has the authority to order the employer to…
What if I’m injured while driving a company vehicle?
Suppose a local route driver is injured in an accident while on his way to make a delivery. First, it is important to know that worker’s compensation benefits apply even if the accident is the employee’s fault. If the accident is not the employee’s fault, then the injured worker should…
Is the company to which I was assigned by a temporary employment agency responsible for my on-the-job injuries?
Maybe. If you can show that the assigned company had the right to control your work and that the work being done was essentially the work of the assigned company, the employment agency and the company should be liable for your injuries.
Is the general contractor liable for my injuries that occurred while I was working for a subcontractor?
Yes. In the construction industry, the general contractor is responsible for all of the subcontractor employees, as well as his own employees. Therefore, even if the subcontractor, such as a roofer or electrical company, has no workers’ compensation insurance, the general contractor is liable.
What if I am injured at work as a result of another company’s fault?
If you are injured at work as a result of another company’s fault, you have the right to sue the other company for your injuries. For example, if you fall into an unmarked hole on another company’s premises while you are delivering, they are legally responsible for your injuries. You…
Is anyone other than my employer legally responsible for my injury at work?
Yes. The manufacturer of the defective equipment (i.e. ladder, scaffold, harness) is responsible for the injuries caused by a defective product. If the manufacturer is found to have placed an unreasonably dangerous product in the stream of commerce, it will be obligated to pay all of the worker’s damages, including…
If I’m injured at work, can I sue my employer for negligence?
No. Even if your injury is the fault of the employer or a co-worker, the only avenue for recovery from the employer is the state worker’s compensation law. Though a claim for negligence against the employer (i.e. giving employee poorly maintained machinery) would bring more money, the state legislature has…
Can I receive unemployment compensation from the state when I’m injured at work?
No. While you are off work on a doctor’s excuse, you are not eligible for state unemployment compensation. In order to qualify for state unemployment benefits, you must be able to work. While you are recuperating, however, you should be receiving temporary total disability benefits under your employer’s workers’ compensation…
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