A Florida man. 44 years old, is accusing a company of negligence arising out of an incident when a peeler machine cut off his penis in an industrial accident last year.
The injury occured on January 13, 2010 at Future Foam Carpet Cushion. The law suit alleges that the injured worker removed a “foam core” from a machine with a steel blade and that he had not been trained to use the machines but was doing so at the request of supervisors. The injured worker was the direct employee of a staffing agency. This law suit also contains a claim against the manufacturer of the peeler machine.
The Occupational Safety and Health Administration has issued 10 citations for violations related to this incident, all of which are being contested by the company and which add up to over $40,000.00 in fines.
The injured worker is also pursuing his workers compensation benefits from the Staffing Company.
On the job injuries and Negligence
In Florida, the workers compensation Statute covers all persons injured during the course and scope of employment. This statute immunizes an employer from tort liability in most instances. In this instance, this would be the staffing company who employed the injured worker.
The Statute, however, does not immunize other parties whose negligence caused injury and from which the worker has suffered damages. In addition to a workers compensation claim against an employer, therefore, an injured worker may also seek damages against a third party tortfeasor; in this case the Foam company and the manufacture if the machine.