I am the owner of a single member LLC specializing in masonry contracting. I have two full-time and two part-time employees. This week one of the full time employees severed his thumb with a skil saw. The injured employee is relatively inexperienced. He was being trained and mentored on an ongoing basis with respect to safety protocol and techniques for operating power tools. None of this training has been documented. In subsequent conversations with the employee he has stated that he felt pressured or rushed in the moments leading up to his injury.
Does the employee have a claim based on the fact that he felt rushed?
Does the employee have a claim based on the lack of documentation of training time?
Workers' comp is "no fault." If you had workers' comp insurance, this injury will be covered. Workers' comp is usually the employee's only or "exclusive remedy" against the employer. Hopefully a work comp lawyer from your state will chime in with any nuances to your local law that may differ.
This answer is intended as general information and not as specific legal advice.
Worker's Compensation is a no fault insurance basis. I believe he has a legitimate claim for compensation based upon these facts,
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