Legal Question in Personal Injury in Missouri

work injury

what recourse do I have if I was injured on a saw at work that had the safety guards removed by employer?


Asked on 9/23/08, 2:35 pm

5 Answers from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: work injury

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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Answered on 9/23/08, 11:33 pm
John Wunsch Law Offices John C. Wunsch, P.C.

Re: work injury

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

[email protected]

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Answered on 9/23/08, 2:45 pm
Adam Graves Bruer & Wooddell, P.C.

Re: work injury

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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Answered on 9/23/08, 2:45 pm
Brian Franciskato Nash & Franciskato Law Firm

Re: work injury

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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Answered on 9/23/08, 2:47 pm
Eugene Hollander The Law Offices of Eugene K. Hollander

Re: work injury

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 [email protected] to discuss.

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Answered on 9/23/08, 2:47 pm


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