Cut my finger on defective trashbin and fainted

[edub272]

What is the name of your state (only U.S. law)? MA


While working at the Nike Factory Store in Wrentham MA, I cut my finger on a trash bin with a very sharp metal lip trying to throw some trash away. The other trash bins that are the same do not have this sharp lip. It was a very deep cut that bled right through normal band aids. After wrapping it in gauze and sitting for a bit I became light headed, fainted, and slammed my head on the floor. Managers at the store have told me this is not teh first time it has happened and that a little kid shopping cut himself the same way and was bleeding badly and crying. So Nike should have known about the problem and fixed it but they didnt. Any chance for compensation?

 

[Zigner]

What is the name of your state (only U.S. law)? MA


While working at the Nike Factory Store in Wrentham MA, I cut my finger on a trash bin with a very sharp metal lip trying to throw some trash away. The other trash bins that are the same do not have this sharp lip. It was a very deep cut that bled right through normal band aids. After wrapping it in gauze and sitting for a bit I became light headed, fainted, and slammed my head on the floor. Managers at the store have told me this is not teh first time it has happened and that a little kid shopping cut himself the same way and was bleeding badly and crying. So Nike should have known about the problem and fixed it but they didnt. Any chance for compensation?

Did you see a doctor?

 

[Mass_Shyster]

What is the name of your state (only U.S. law)? MA


While working at the Nike Factory Store in Wrentham MA, I cut my finger on a trash bin with a very sharp metal lip trying to throw some trash away. The other trash bins that are the same do not have this sharp lip. It was a very deep cut that bled right through normal band aids. After wrapping it in gauze and sitting for a bit I became light headed, fainted, and slammed my head on the floor. Managers at the store have told me this is not teh first time it has happened and that a little kid shopping cut himself the same way and was bleeding badly and crying. So Nike should have known about the problem and fixed it but they didnt. Any chance for compensation?

Your recourse against your employer is through worker's compensation.

 

[edub272]

I did not see a doctor

I never saw a doctor. The cut is healing well and this is not an injury that is sever enough to keep me from doing my job. Yet I did hit my head hard on the concrete floor and felt a bit dazed when I came to. As far as a concussion goes I could have had a slight or minor one but nothing too traumatic. Workers comp is when an injury keeps you from being able to perform your job right? This is different because I can still do my job.

 

[justalayman]

Workers comp is when an injury keeps you from being able to perform your job right? This is different because I can still do my job.

workmans comp is for injuries sustained on the job regardless of whether that injury prevents you from performing your job or not.


with that said; if you could prove the employer knew of the hazard and failed to correct it, you might be able to make a claim outside of WC based on gross negligence.

I don't really see you winning anything much but you are welcome to try. Generally in a tort suit, little damage and no lasting problems generally equate to little to no award.

 

[seagoing]

Workers comp is when an injury keeps you from being able to perform your job right? This is different because I can still do my job.

Your course of action ,if any is thru workers compensation,as advised .if your thinking you have some kind of damages,you don't.Unless ,you had filed a claim with W.C. AND it was determined by a Dr.you suffered a loss.

 

[ecmst12]

Workers compensation would pay your medical bills if you had any. No medical bills, nothing to pay. No time off of work, no lost wages to pay. No permanent damage from the injuries, no disabilities that need to be compensated. Get it?