Legal Question in Workers Comp in New Jersey

Finger mishap

Hello,

I lost my finger while tracking a belt, Equipment was removed 3 weeks later, Examined equipment was installed backwards, My employer designed it and had a subcontractor install it 13 years ago He is no longer in buisness the revision they made on the unit after my incident had a date 06/99 on it should I be able to take legal action against my employer?


Asked on 7/26/05, 10:37 am

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Finger mishap

I would need to know when this happened to give you any guidance. Please call my office to set up an appointment, free initial consultation. However, please tell my secretary when this happened, when you call. 973 890 0400

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Answered on 7/26/05, 6:15 pm
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Finger mishap

You don't say when the accident happened or when you last had any treatment by an authorized workers compensation doctor. The law of workers compensation is that you have two years from either the date of the accident or when you last received authorized medical care through the workers compensation insurance company. If either of those dates was after July 28, 2003, then you still have time to file a workers compensation case. The purpose of filing a workers compensation claim would be to get you money for losing your finger. The two year period for filing a civil lawsuit is two years from the date of injury - it does not get extended by medical care. Due to the fact that the machine was not put together properly and as a result you got hurt, you may also have a civil lawsuit in addition to the workers compensation claim, also with the goal of winning some money on a civil lawsuit. However, once again the accident must have happened on July 28, 2003 or later. I am an attorney who has handled many cases similar to yors in various courts in New Jersey in the past. I would like to talk to you about this matter in more detail. Please call me at 908-272-0111 to discuss your case in more detail. There is never any charge for simply talking ot me about a case.Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 7/28/05, 8:42 am
Christopher Leitner Leitner, Tort & DeFazio

Re: Finger mishap

From your message, it appears your accident happened in 1999. There is a two year statute of limitations on workers' compensation and law claims of this sort, generally.

However, you certainly have a workers' compensation claim, assuming the statute of limitations hasn't expired. Without more facts, I can't determine whether you have a civil claim against the employer. Generally, you may only seek recovery in workers' compensation unless the employer either intentionally hurt you, or was so negligent (such as removing safety devices) that it is essentially the same as intentionally hurting you.

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Answered on 7/26/05, 1:36 pm


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