What to do if I as injured at work on malfunctioning piece of equipment that had been reported in need of repair for over a month?

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What to do if I as injured at work on malfunctioning piece of equipment that had been reported in need of repair for over a month?

Asked on October 2, 2012 under Employment Labor Law, Montana

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Montana actually has a board that has many of the forms that you will need to file your worker's comp claim.   Here is a link to that site:    http://erd.dli.mt.gov/wcca-bureau.html    Workers comp frequently overlaps with disability laws-- but you can also invoke FMLA protection to keep your job secure if you have to be out for an extended period of time.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to file for workers compensation, and see if disability is also an option for you (most times it is either one or the other). You may need an attorney to prove your workers compensation claim by subpoenaing for records from your employer of such items, like emails and correpondence showing prior notice of this malfunction. It will make your case.  By the way, if you already have copies of this notification, it would be best to get thee immediately to a workers compensation attorney without waiting.


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