If I broke my arm wile working as a sub at a school on a machine that it had been warned was dangerous, can I sue?

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If I broke my arm wile working as a sub at a school on a machine that it had been warned was dangerous, can I sue?

I am a new substatute janitor. I can’t afford medical. They told me LNI would cover it and now they are backing out. I found out after from other workers that the school had been warned the machine could easly cause injury and needed a replacment but that they did nothing about it. I have to have surgery and physical therapy and won’t be able to work for a long time, as well as haveing nerve and movement damage.

Asked on May 14, 2012 under Employment Labor Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the school had notice or warning that the machine was dangerous and knowing of the risk, did not take steps to remediate or correct the situation, that could be enough to hold them liable, or financially responsible. In a case like this, not fixing a dangerous condition could easily support a finding of negligence, or unreasonable carelessness. You could potentially recover medical costs (including therapy), lost wages, and, if there will be long-term disability or pain, an award for pain and suffering. It would be well worth your while to consult with a personal injury attorney, many of whom will take a case like this on contingency (that is, they get a piece of any amounts they help you recover, so you do not pay them, apart from covering some costs, unless you win). Do not delay; if the school is a public school, it is a government entity, and there are special rules and (usually) a shorter time frame for suing government entitites. You do not want to wait and find that you have run out of time to take legal action.


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