Is my wife who suffered an injury during the course of her work liable to be compensated for such injury?

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: 04/07/2025
• State: National

Answer:

Usually, when an employee is injured or falls ill due as a result of their work, they are entitled to workers' compensation benefits. Worker’s Compensation benefits is typically an insurance which offers payment to employees who suffer injuries or illness during the course of their employment. Employees covered under worker’s compensation benefit receive compensation for lost work and medical bills irrespective of who was at fault for the accident. In return, the employee gives up their right to sue their employers for the illness or injury caused.

 In order to get the benefit of worker compensation benefit, the employee must prove the following:

1. The employer for whom you work for must legally be implementing the worker’s compensation benefit or must be legally required to do so, if they haven’t.
2. There exists an employee-employer relationship.
3. The injury or illness that was suffered must have occurred during the course of employment.

In your specific situation, the injury suffered by your wife was during the course of her employment. Most of the states require that any employer who has more than 3 employees working for him must have worker’s compensation benefit in place. Hence, your wife is entitled to get such benefit. Also, other than the worker’s compensation benefit, you may sue the company that manufacturers the machinery that is used in the company for defective machinery. You may also file a complaint with Department of Labor's Occupational Health and Safety Administration (OSHO) if there have been such unsafe conditions persistent in the company.