Houston, TX asked in Personal Injury and Workers' Compensation for Texas

Q: I cut my thumb off about 5 to 5 1/2 months ago I was promised things and didn't go as planned am I still able to sue ?

Boss just told me to take home all the material and I had two days to get it done getting to work a board tugged pulling my hand into the table saw cuting my thumb off and just a surface cut here and there

2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
Answered

A: Yes and you may have a case with the manufacturer of the saw. Contact a member of the Texas Trial Lawyers Association who handles "product liability" cases as well as workers compensation. They give free consults.

Beatriz Adriana Sosa-Morris
Beatriz Adriana Sosa-Morris
Answered
  • Workers' Compensation Lawyer
  • Houston, TX
  • Licensed in Texas

A: If it is a Workers' Compensation claim in Texas, you have 30 days to report the injury to the employer and a year to report the injury to Texas Department of Insurance Division of Workers' Compensation. Under the Workers' Compensation system, you get temporary income benefits during the weeks you are unable to work due to your injury and at the end of your treatment receive an impairment rating depending on how physically impaired you are as a result of your injury. However, your employer may be a "nonsubscriber" to workers' compensation. This means that they can be sued in court and you do not go through the administrative workers' compensation process. If this is the case, you have up to two years to bring a case against them for your injury. You may also have a product defect claim against the manufacturer of the saw.

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