Full question:
My wife works for one of the world’s largest potato chips manufacturer in the world. She works in the department where they have to physically transfer boiling hot potato to the machine that peals of the skin before it’s sliced up into pieces. The machinery that is used in the plant was established in the early 80s and has never been changed. Last week while doing her routine job of transferring the hot potatoes, the hot water pipe broke causing severe burns on her body. What do we do in this situation?
- Category: Employment
- Subcategory: Workers Compensation
- Date:
- State: National
Answer:
When an employee is injured at work, they are typically entitled to workers' compensation benefits. This insurance provides payment for medical bills and lost wages due to work-related injuries or illnesses, regardless of fault. In exchange, employees usually give up their right to sue their employer for the injury.
To qualify for workers' compensation, the following must be proven:
- The employer must legally implement workers' compensation or be required to do so.
- An employee-employer relationship must exist.
- The injury must have occurred during the course of employment.
In your wife's case, her injury occurred while performing her job duties. Most states require employers with more than three employees to have workers' compensation in place. Therefore, your wife should be entitled to these benefits.
Additionally, you may consider suing the company that manufactures the machinery if it is defective. You can also file a complaint with the Department of Labor's Occupational Safety and Health Administration (OSHA) if unsafe conditions have been present in the workplace.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.