workers comp and third party case
Boston (MA)
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Posted 7 months ago in Workers Compensation.
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it was a normal day of doing tree work and it was almost lunch time and my boss noticed a pile of leaves and dirt piling up under the trap door under the wood chipper.he then told me in a not so polite way to kick the pile over because the debree was backing up into the machine.i kicked the pile a few times and on the last time my boot got sucked up into the small trap door and crushed between 2 steel rotating wheels. as a result my leg was amputated below the knee. i am currently on workers comp. and have had many lawers send engineers to take pictures the chipper was also had a broken latch on the trap door were i lost my foot. there was also no warning labels posted in the instructional video or the manual or posted on the machine. i want to know how long lt should be before i am compensated. how much i should be compensated.and if the third party case evidence is legit.
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Answers (2)Thuong-Tri Nguyen
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Posted 7 months ago.
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Your attorneys would be the ones in the best position to advise you as to the merits of your case.
However, it seems reasonable to me that a reasonable person would not need to be reminded to not use his foot to remove debris from heavy machineries. If the label were there, would you have stopped and read the label before kicking the chipper? Stephen J. O'Brien
Posted 7 months ago.
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I do not practice in your State so this response is merely informational. Your accident is unfortunate but whether you have a third party case depends on whether the machine is defective, either in function or design. The location of the trap door where debris accumulates raises a legitimate question of how is it expected to be safely cleared. Your questions about how long before you are compensated and how much are best answered as follows: How Long - could be several years or longer. How much - $0 - ?.
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