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 ?
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.
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.
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.
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.
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.?
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