What are my rights if I was injured at work due to failure of safety equipment and lack of training from my employer?

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What are my rights if I was injured at work due to failure of safety equipment and lack of training from my employer?

I was not denied worker’s comp but am I entitled to anything further from the manufacturer of the equipment or my employer in terms of pain and suffering?”

Asked on June 5, 2014 under Personal Injury, South Dakota

Answers:

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

Answered 9 years ago | Contributor

Go and speak with a personal injury attorney in your area.  Generally speaking, you are limited to workers compensation as against your employer but some states allow suits in specific circumstances, like if you were injured because of your employer's intentional or egregious conduct, you might be able to bring a personal injury lawsuit against your employer if f your employer does not carry workers' compensation insurance, you might be able to sue your employer in civil court or collect money from a state fund.  As for the manufacturer, if you were injured by a defective product, you might be able to bring a products liability action against the manufacturer of the product.


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