Can my husband be suspended without pay following an injury at work?

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Can my husband be suspended without pay following an injury at work?

My husband was lost the fingertip of both his index finger and middle finger of left hand when he slipped while checking a machine at his job. His safety officer admitted to us in the ER that they were aware of the slippery floor and were taking measures to correct it, however they are saying the accident was his fault for over reaching and violating the lockout/tagout policy, when there was not one specified for the machine he was on. His employer paid made him come in the 2 days following the injury for an hour so they would not incur a loss time incident.

Asked on April 26, 2011 under Employment Labor Law, Iowa

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your husband needs to go and see an attorney as soon as he possibly can, both regarding his injury and what they are doing to him at work.  He needs to speak with an employment attorney and a workers comp attorney.  He needs to speak with a personal injury attorney as well.  Although he can not necessarily sue his employer (workers comp precludes that) how could conceivably sue the manufacturer of the machine, the company that made the flooring or installed the flooring or cleaning the flooring - it really depends on the facts.  He needs to file a complaint with the Department of Labor and OSHA.  Good luck to you.


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