My mother hurt her hand while working at CHUKCHANSI GOLD RESORT & CASINO and has permanent nerve damage

Asked over 1 year ago - Hayward, CA

She is part of the cleaning crew at the casino and she was cleaning the bathroom when the door shut on her fingers and broke them she was rushed to the hospital , was out of work for about a month . She went back to work 2 months after still not being able to use her hand . She was going to therapy and found out today that she has permanent nerve damage on her hand and wont be able to use it like befor . Due to the fact that she works for an indian casino would she be able to sue the PICAYUNE RANCHERIA OF CHUKCHANSI INDIANS .

Attorney answers (6)

  1. George Costas Andriotis

    Contributor Level 20

    9

    Lawyers agree

    Answered . The Indian Tribes are protected though not totally immune from liability. In Florida there are defined procedures to follow before you can bring a claim against the Seminole Indians. She would definitely have a legitimate work comp claim and should consult with an attorney who has dealt with these types of cases before.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  2. Sagi Shaked

    Pro

    Contributor Level 13

    8

    Lawyers agree

    Answered . This sounds like a workers comp claim. You need to check to see about the immunity issue.

  3. Jeffrey Ira Schwimmer

    Contributor Level 19

    8

    Lawyers agree

    Answered . You need to consult a workers' compensation attorney in your mother's locale. While there are many laws, etc,, that may result in an Indian tribe being immune from lawsuits for incidents occuring ON reservations, or reservation deemed lands, there are often various types of claims that they will agree to be subject to in return for, say, operating a casino, etc. Workers compensation statutes may be exempt from the immunity umbrella. A W.C. lawyer will help advise your mother in that regard. good luck.

  4. David Lee Fiol

    Contributor Level 17

    5

    Lawyers agree

    Answered . You need to look for an attorney who specializes in tribal law, not one who is simply a workers compensation lawyer. As one of the attorneys on this board has correctly pointed out, Indian tribes are immune from lawsuits in state and federal courts for injuries that occur on tribal lands, including casinos, because those tribes are considered separate sovereign entities. If you need help finding a lawyer in the SF Bay Area who is experienced in tribal law, I can put you in touch with someone - just give me a call. 415-259-4420.

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Best bet is to retain a local tribal law attorney to investigate.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  6. Marcos Antonio Gonzalez-Balboa

    Contributor Level 4

    Answered . they probably will have sovereign immunity and she may be entitled to file a worker's comp claim consult a lawyer

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