Q: I’m inquiring about what type of attorney can assist with my case? Could this be a civil matter?

A: Hello – your experience sounds awful. You may still have a cause of action against the manufacturer if the defect was known and there was a recall. You might be able to establish liability by having the employer and repair facility testifying your behalf. While it is a challenging case, you still may have the ability to preserve your ability to recover. However, since this is over a year ago, you may want to consult an attorney soon.

A: Injuries which occur within the course and scope of your employment are not lawsuits. They are statutory claims for workers compensation benefits. Of course, you likely already have a workers compensation lawyer so you need to keep counsel informed of anything and everything you are even thinking about doing and get their opinion.

Third party lawsuits against subcontractors or vendors or anyone other than your employer might best be handled by a personal injury or products liability expert. If you have not done so then you should immediately begin reaching out to those professionals. Of course, keep your workers compensation lawyers in the loop before doing so.

SOL means what it sounds like. Statute of limitations. Those are periods of time in which you must either file notices of intention to sue or actual lawsuits. If you miss a statutory time limit for notice or filing that could be catastrophic. Again, rely on your workers compensation experts, your personal injury experts, and/or your products liability experts and whatever you do, do not miss a statutory limitations period. Doing so is often fatal. Good luck!

A: In addition to a workers' compensation claim, you may be able to bring a third-party personal injury action against an entity other than your employer for this claim if they are responsible for the cause. Based on your submission, that could either be the manufacturer or an outside, third-party, maintenance company. This needs to be vetted and explored by a personal injury attorney. You should contact one as soon as possible since the incident occurred in September of 2023.

A: I'm so sorry about your accident. There's a lot to sort out in this brief summary. Your post doesn't mention if you had a workers' comp attorney. If you did, then you could focus on possible third-party claims, which my colleagues correctly point out. That could mean a case based on a defective product (not to rule out other possible injury-based theories). If a law firm felt you had a potential case here, it could be based on any one, or a combination of, these following theories:

(1) Defective Manufacture

(2) Defective Design

(3) Failure to Warn

You ask, "Is this something that your office could assist with?" Please keep in mind that this isn't a law office. It's only a Q & A forum where attorneys answer questions. If you wanted to discuss representation, you'd need to reach out to law firms on your own. Try to see if you can line up a free initial consult. Good luck

A: I’m truly sorry to hear about the traumatic workplace incident you experienced, and I understand how distressing it must be to navigate the aftermath, particularly with the complications surrounding the defective device and the withheld evidence. Based on the information you’ve shared, it does sound like there are potential legal options available to you, and you would likely need an experienced personal injury attorney, possibly with expertise in workplace accidents and product liability.

In New York, if the injury occurred due to a defective device at work, the case could potentially fall under product liability law, which holds manufacturers, distributors, and sellers accountable for placing defective products in the market. If the device that caused the amputation was defective, you could pursue a product liability lawsuit against the manufacturer or any other parties responsible for the defect. The fact that your employer tried to avoid returning to the manufacturer could indicate an attempt to cover up the true cause of the injury, which might open up additional claims, such as fraud or negligence.

Additionally, the fact that your employer hired a maintenance company instead of returning the device to the manufacturer suggests potential issues with negligence and failure to maintain a safe work environment. In this case, your employer could also be liable for workers’ compensation benefits due to the injury, but this may not fully address the other damages you've suffered, such as pain and suffering, lost wages, or punitive damages, especially if there was malicious intent involved.

Regarding the withheld evidence, this could be a serious issue. If the employer or any involved parties are intentionally withholding witness statements or video footage of the incident, this could be seen as spoliation of evidence, which could negatively affect their case. You have the right to request these documents, and an attorney specializing in civil litigation could assist you in filing a motion to subpoena the sealed records. This is especially relevant if the evidence is essential to proving your case and the employer is intentionally preventing you from obtaining it.

To pursue this matter, you should consult with a personal injury lawyer who has experience with workplace accidents, defective products, and civil litigation. They can help determine the best course of action, whether it involves pursuing a workers’ compensation claim, a personal injury lawsuit against the manufacturer, or another civil matter related to the employer’s negligence and withholding of evidence. The attorney can also assist in filing a motion for subpoena to gain access to the crucial records and evidence you mentioned.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.