I was cleaning the deli slicer, and a part of my finger tip got chopped off. The assistant manager wrapped it with some scotch tape and gauze. He told me to wait until the next morning to go to the doctors; where they have their insurance. He also said I was supposed to be wearing a glove which I was never told of. I went to the doctor and he gave me no antibiotic or anything and said I could go back to work. I went to my workplace and notified them and my manager told me to not come in Saturday or Sunday even though I was scheduled to work. I told him I can go Monday after my follow-up, he said I have Monday's off and told me he was going to give me Tuesday off even though I'm usually scheduled on Tuesday's. I had a doctors note with restrictions and the doctor even faxed it to them saying I was able to return with restrictions; I wasn't allowed to use my right hand. I still had to use my right hand because I need it to do stuff and it then got infected and I returned to the doctor and she gave me another note saying I wasn't allowed to use my right hand. It was then that my manager asked me if I wanted to be moved to bagging but then he just told me to stay where I was.
While you probably do not have a valid action for negligence, you should speak to a Workmen's Comp. attorney as soon as possible. Do not speak to any insurance carrier or adjuster until you have received legal advice. Continue to get medical attention is needed.
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As a general rule, state workers compensation laws limit your ability to sue an employer for negligence, and limit you to workers compensation benefits, when you suffer a work injury. Nevertheless, you would be well advised, to consult a local work comp attorney, who can get all the facts, and best advise you how to proceed in your state. You can look for a local attorney through this site, by clicking the "Find a Lawyer" tab at the top of this page, and then searching for a workers compensation attorney in your city and state. Best of luck to you.
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You have a workers' compensation case. Talk to a lawyer immediately.
This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.
You do have a workers' compensation case and should speak to an experienced workers' compensation attorney right away. However, you most likely do not have any kind of negligence claim that you can bring against your employer. Illinois law is explicit that the sole remedy you have against your employer is your workers' compensation claim, and the benefits provided under the Workers' Compensation Act.
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