Employer's responsibilty for imcomplete instruction regarding use of equipment

_New York State_


Recently while working for a gentleman I was injured.

We had been working at his home doing construction (namely preparing for drywall). He had mentioned that I may use a table saw and thus was teaching me about.

On the second time using the saw the piece I was cutting got caught by the saw pulling it and my fingers into the saw. [I was cutting a 1/8" - 1/4" thick plywood type of piece to an approximate width of 3"].

There are a few things that now, after the accident, I have learned about the table saw (some from him, some from others) that if I had known beforehand may have prevented the accident:

1) Another piece of wood could have been used as a push stick to guide the wood through, as opposed to one's hands.
2) The blade is supposed to stick up out of the table 1/2" more than the thickness of what you're cutting. [In this instance, therefore, it should have been up ~3/4"] I was aware that the blade could move up and down; though this was through my own observation. I was also not taught how to move the blade.
3) There is a safety device that comes with table saws that 'is supposed to prevent this type of injury.' I was unaware of this; it had obviously been removed.

My question is: can the employer be held responsible for this? Is there a possibilty to sue? If this is filed as worker's compensation, is this still a possibilty to sue?

Thanks for your time

workman's comp protects the employer from being sued by you, the employee.. Now sorry if this sounds rude but if you are not familar woth a tool or machine you should not use it without supervision..That outta the way, if your cutting a piece of drywall,plywood or anything for that matter, when it is that small and close to a blade you should always use a push stick or other wood to push with..Now yes this would be considered a work comp injury, you hurt yourself on the job.. Understandable... From this point I would just use common sense when useing tools or machines your not familar with.. But you can't sue your employer.. Also the safety devices on the machines can't be removed they are there for a reason but you have to use them for it to work... Good luck

You're inferring too much.

I entrusted the person with properly educating me on the use of the tool. This was not done. If an instructor trusts the one being instructed enough to use a tool such as this, it implies that the instructor feels that he/she has properly taught the 'student.'

If you had properly read my writing, you would understand that I was unaware of the use of a push stick.

Also, the safety device _can_ be removed. As I had stated, it _was_ removed.


Worker's compensation protects the employer from being sued. What if a workman's comp claim is not filed?