Question: Can I still sue my employer for the injuries at work?
Question Detail: In April, I cut my left index finger with portable table saw while at work. There was missing the guard and knife splinter from the table saw. I returned to work three months later. The doctor gave me 7% body impairment. The insurance company covered me 24 weeks of PD $195 per week including 15% deduction even though there are only 25 employees working for the company. I haven't signed any paper work yet or cashed the check. Thanks.
Answer: You seem to have more than one question and although you've provided some valuable information to assist in a settlement valuation, it's not possible for a lawyer to very easily appreciate which issue to deal with. You do have a workers' compensation claim on file and are you asking about it?
Or is this a third-party case against an entity different than who employed you?
Or, could it be a gross negligence case? As for a gross negligence suit against your supervisor for the lack of a machine guard, it's difficult to know without know more facts. These are tough cases to win and I am aware of an Iowa case right on point. It didn’t go well for the guy whose finger was cut off. Gross negligence cases tend to be extremely difficult.
By the way what do you do for work? Do you have any carpentry skills? If so I have some work for you to do in exchange for ‘free’ legal advice. Where can I call you?
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