I was. At work and injured by the mechanic for the rental equipment I run he showed up to change teeth on the bucket and asked me to hold the punch to drive the lock pins out.about three teeth in he stopped and looked at his sledge hammer as if something was wrong with it but then continued to use it. Two swings later the head flew off striking me and breaking multiple bones in my hand is this negligence on his part knowing the tool wasn't safe
You have a workers compensation case and likely a third party negligence case. Consult a workers compensation/personal injury attorney as soon as possible.
It could be third party negligence, but further questions would need to be addressed before potentially opining. The primary question is what is the working relationship with the mechanic? Does the mechanic work for the same business as you or is the mechanic an independent contractor? If the mechanic works at the same business as you, then you need to establish willful and wanton conduct. If the mechanic is an independent contract or works for a different company, then all you need to establish is negligence. Either way you will have to subrogate Workers' Compensation if you intend on pursuing a claim.
I agree with the other answers and would suggest that you contact an attorney like Colin Simpson who does both workers compensation and personal injury. You can use my name if you want a reference.
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.
I agree with Mr. Johnson. This indeed may be a case of negligence and grounds for a suit. since this happened at work you would have a work comp claim.
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