Q: I lost total vision in my right eye working for an individual at a unofficial fabrication shop.
I was working for a friends dad at a welding shop. my actual job was welding but the first thing I did every morning was split wood to warm up the shop which is how I lost my eye. I was using a wedge and a sledge hammer and a piece of the wedge the size of a nickel went through my right eye and fractured my eye socket. I had 23 stitches in my eyeball and 100 percent vision loss in the eye. I got paid cash on this job. should I file a lawsuit? if so against the guy I was working for or the insurance on the property it happened on or the manufacturer of the wedge?
A: I am sorry to hear about what happened. Did the company / shop have workers' compensation insurance? When did the incident happen? I would need more information to determine who to sue but I certainly think you should consult an experienced lawyer. I am licensed to practice law in Oklahoma and am available to consult with you if you would like. Thank you.
Tim Akpinar agrees with this answer
A: It does sound like you have a Workers' Compensation Claim. Oklahoma is a no-fault state regarding work-related injuries, meaning basically that if you were hurt on the job, then your related medical bills, lost wages, permanent impairments, etc. might be paid by your employer, most likely by your employer's Workers' Compensation insurance, regardless of whose fault the injury was. Because this injury occurred on the job and with the information you provided, your remedy would probably be limited to filing a Workers' Compensation Claim, and not against the employer personally. I would talk to a Workers' Compensation Attorney about filing a claim. There is a time limit on when you can file your claim, so I would check with an attorney immediately.
Tim Akpinar agrees with this answer
I'm sorry for your injury. The other attorneys have already outlined the workers' comp issues that appear here. As for the wedge, preserve it and the shattered splinter that flew off it if that's possible. Outside of the workers' comp issue, if the wedge introduced product liability issues (defectively manufactured, defective design, failure to warn), that could possibly be the basis for a separate action. Good luck
Jason Bolitho agrees with this answer
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