Can I sue my employer if I had the tip of my middle finger cut off at work

I was working with a machine that didn’t work
properly and had the tip of my middle finger cut

Asked on November 4, 2019 under Personal Injury, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If the problem was with the machine--poor maintenance; safety functions disabled; etc.--and not your error then you can sue them if you don't receive or take Worker's Compensation. Worker's Compensation is an exclusive remedy; you give up the ability to sue if you take it. The law makes you trade off the relative ease, speed, and certainty of Worker's Comp vs. the potentially greater amount of money you could get by suing if you sue and win (no lawsuit is ever guaranteed, so you could sue and lose, or sue and get less than you expect).

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