Legal Question in Employment Law in Utah

On the job injury

Hello, I got my thumb crushed in a machine at work,back in October of 2001. After surgery and months of Physical Therapy, The doctor gave me an impairment rating and said no more production work.So on that note I was fired in April of 2002.I had been at that job for over 3years and with the same company for over 6years.I was the main supporter for my family and since all of this I have had to file bankruptcy.I am devistated that everything I was working toward(a new house) is gone.When I went to sign my termination papers, they handed me some papers that they wanted signed,saying I would never sue them or any of their affiliates,and if I did sign,I would recieve two months pay. I didnt sign them. Do I have the right to sue? and if so how? and in what type of court? I cannot find a lawyer to help me. The machine I got my thumb crushed in was investigated by oasha twice. The first time they lied saying the machine was no longer in use(as of the date I was injured) I knew that was a lie because when I tried to come back to work they tied to put me on the same machine.The second report said they changed their policy on the procedure witch caused my accident. So Im the one who had to suffer? Can you help?


Asked on 1/10/03, 2:40 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: On the job injury

Your injury should have been covered by the Workman's Compensation insurance in the State of Utah. At the time of the accident your employer should have notified you of the procedure to file for Workman's Compensation, which would have provided payments for the time you missed work, for medical expenses, and then a lump sum for your impairment. If you obtained Workman's Compensation, that is probably all of the recovery to which you are entitled.

There may be an extraordinary negligence associated with the OSHA citations for the defective machine. If there was a history of problems with that machine and the employer knowingly failed to take corrective action, you may be able to sue them in addition to the Workman's Compensation recovery. These kind of cases are difficult. If you would like to call me so I can get more facts, I will evaluate the case for you.

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Answered on 1/10/03, 11:38 am


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