Legal Question in Personal Injury in Massachusetts

if i got my finger cut off at work am i eligible from money from workmans comp or am i only able to sue the company i work at since it was an accident that could have been prevented if i was told the machine i was working on had a safety guard. the guard was taken off of the machine by someone working at the company and i was never told that there was even a guard to be used


Asked on 8/15/10, 12:57 pm

4 Answers from Attorneys

John Bita Milligan Coughlin LLC

Hi,

On the off chance your question has not already been answered, the Mass. Workmen's Compensation Act does indeed bar you from suing your employer, but not third parties such as the company that manufactured or designed the machine in question. Feel free to call or email me with any questions.

John Bita

[email protected]

617-500-3694

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Answered on 8/20/10, 1:10 pm
Christopher Earley Law Office of Christopher Earley

Hi:

You have a workers compensation claim and a potential products liability claim against the manufacturer of the machinery.

Feel free if you would like to talk it out. My office gives free telephone consultations.

Chris Earley (617) 338 7400

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Answered on 8/20/10, 1:16 pm
Joseph Curran Jr. Curran Desharnais, P.C.

You would certainly be eligibile to receive workers' compensation benefits for this accident. This prevents you from bringing a suit directly against your employer, however, I would also explore the possibility of a product liability action against to manufacturer of the machine. Feel free to call me to discuss in more detail.

Joseph Curran

Curran & Desharnais, P.C.

781-331-3811

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Answered on 8/20/10, 1:45 pm
David Green Law Offices of Christopher F. Earley

Yes, you can file for workers' compensation, and in certain circumstances, you are eligible for double compensation (this may be one of those rare occasions). Additionally, you are also entitled to money for losing your finger. Please contact me if you would like an attorney to help you with this case.

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Answered on 8/20/10, 1:47 pm


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