You should be talking to a Worker's Compensation attorney. Fault is not an issue in Worker's Compensation cases. An attorney that handles primarily this type of case you can advise you on where to go from here You can use the find a lawyer section to locate someone near you.
If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Connell is a Colorado attorney licensed in only that state. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.
If the company is covering the injury and if there is no problem with your recovery and if there is no problem with permanency and if the company provides you a job after recovery then you may not need to talk to a lawyer. However, I had listed a number of "ifs" and you it doesnt hurt to go over this with a WC Lawyer in your area. You can use the AVVO Find A Lawyer Tool.
This response is meant to be information only and should not be considered to be legal advice. This information is not meant and should not be construed to be the formation of an attorney client relationship. I practice Virginia Workers compensation law and Social Security Disability law.
You may need to consult with a workers compensation attorney. Under the Montana Workers Compensation Act you are entitled to receive temporary total disability benefits for the time you are off work. When you recover from your injury you may also be assigned an impairment rating from your WC doctor. At this point, if you have not returned to the time of injury job and/or if you have returned to work but have suffered a $2.00 per hour wage loss you may be entitled to a permanent partial disability award.
With regard to the defective piece of equipment, you may have a claim under Montana's defective products statutes which allow for strict liability claims against the seller and any upstream manufacturer of a defective product. Typically the statute of limitations begins to run as of the date of injury so you will want to consult with an attorney at some point to discuss further details regarding your claim.
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If you have not already called a Billings WC attorney like Mr. Tourtlotte, I strongly suggest you do. Montana WC laws are very specific and you may also have a third party claim.
Definitely contact a work comp lawyer first. Sometimes that is your exclusive remedy. Consultations are free, so you are literally not taking any chances by getting some information.
licensed attorney in Montana. Your specific state laws may be different. My answers do not create an attorney/client relationship. Only a signed fee agreement creates such a relationship. These answers are for informational purposes only.
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