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Do I have a lawsuit? Can I sue?

Newburgh, NY |

Hi , I work at McDonald and I recently burned my hand with a second degree burn from coffee because It brewed directly on my hand as brewer feel on my hand , with all the coffee beans , and the water also brewing on my hand . Now it's forming into a permanent scar . . . can I sue ? The hospital has the accident on record and the job also wrote it out . So they have it on record . Can I do anything about this situation ?

Attorney Answers 10


  1. You have a workers compensation claim and should consult with a workers compensation attorney immediately. You can not sue your employer, but it may be worth investigating to see if someone other than the franchisee owns the machine. You potentially have a products liability claim against the manufacturer of the machine, though it would be difficult and costly.

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  2. Your need to consult with a NY worker's Compensation attorney. Since you were had an on the job injury you will be able to make a Workers Compensation claim - You would not have any other person to sue since workers compensation is an exclusive type remedy - the only other possibility I can think of would be a product liability claim if the coffee brewer was defective and that caused the brewer to fall. Since you did not say when the accident happened be aware that you should move quickly to avoid any statute of limitations problems.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


  3. I agree with my colleagues. You may be able to sue the manufacturer of the coffee machine, but otherwise you are likely limited to workers compensation for your injuries. You may wish to call a personal injury attorney to see whether they are willing to sue the manufacture of the coffee machine. Good luck.

    This answer is provided for informational purposes only and does not constitute legal advice. You should not take action based upon this information without consulting legal counsel. This answer is not intended to create, and does not create, an attorney-client relationship. PLEASE REMEMBER: All claims and legal matters have statutes of limitations and/or other important time periods that apply to them. This means that you must take action on all claims or legal matters within the required time period(s) or your claims could be barred by the statute of limitations or dismissed. Contact our office or another competent attorney immediately to discuss the particular facts of any claim or legal issue you might have in order to learn what time periods apply to your particular situation.


  4. You should absolutely file a workers compensation claim. As my colleagues point out, you may have a third claim against the manufacturer of the coffee machine. It seems a little early to determine if your scarring will be permanent given the newness of the injury however it is certainly worth consulting with a personal injury attorney as soon as possible.

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  5. Workmen's comp case for lost wages and medical expenses. Possibly products liability against the machine. Consult with a personal injury about the products liability case.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  6. This is a workers comp case, thus, retain a local workers comp lawyer for representation. Good luck.


  7. You should contact a workers compensation attorney in your area to discuss a possible claim.


  8. I agree with the other lawyers. Contact me if you need a referral to a Workers' Comp attorney. Also, you can contact me to discuss a possible lawsuit against the manufacturer, if the scarring turns out to be permanent or if any other serious permanent injury.
    Was the accident due to malfunction of the coffee maker, or an error by a co-employee in setting up the machine, or forgetting to install something, etc.?


  9. Basically, if you are injured at work, you are only entitled to workers compensation benefits, but depending on the severity of the burn, you may be entitled to permanancy award.


  10. It sounds like you have a worker's compensation claim since you were injured while you were in the course of your employment.

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