Workers Compensation-Violation Of A Specific Safety Requirement

by michael on May 2, 2013

Our client was a 24 year old female who was operating a punch press which “double tripped” resulting in an amputation of her right hand.The press had a history of irregular cycles.The employer improperly adjusted the pull-back safety devices so that the employee’s hand was not sufficiently withdrawn from the moving upper die which directly lead to the amputation.At a hearing, the Industrial Commission found a violation of a specific safety requirement and granted a maximum 40% award which was tacked on to the amputation award and temporary total compensation.The client returned to other type of work but was forced to use her non-dominant left hand for repetitive work activities.We thereafter obtained the necessary medical proof to file a motion for additional allowance of carpal tunnel syndrome of the left wrist/hand, authorization for surgery and temporary total compensation.The motion was granted by the Industrial Commission.The 40% VSSR award was added to the temporary total compensation and to a later permanent partial disability award which we obtained for the client.The corporate-employer was liquidated under the Chapter 7 Bankruptcy Code and had no type of “gap” insurance to collect on any future judgment for an employer intentional tort action.

 

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