Injured at work what would you do?

Question

I was installing a snow plow and needed to hammer a bolt through an opening. I grabbed my deadblow hammer (rubber on one end, brass on the other) for the job.  Hitting with brass end, a chip from the hammer flew into my eye.  Immeditate pain.  I stayed at work to complete my shift and went home. Pain was worsening, so my wife took me to the ER.  It was determined that the metal shard had torn through the cornea, iris, pupil, and was embedded between the lens and retina.  Surgery was performed to stitch together the laceration where metal penetrated the eye to prevent infection. Antibiotics were injected into the eye as well.  A second surgery is planned to remove the metal shard, replace the lens with a synthetic one, and remove the cataract that had formed immediately after the incident.  The status of my vision at this time remains unknown. Regardless, a scar will remain, the effect of which on my vision will only be known with time. I have been ordered to remain off work for one week, and my ability to work effectively in the future is yet another unknown.
After all of this, I can’t help but think, should the hammer have chipped?
Moreover, on the hammer itself it states “wear safety goggles.”  Do you guys wear safety goggles when you want to hammer something?
I have used hammers all my life.  I feel like I was tricked.  I would like to hear from you, to know for sure if this is just a stupid mistake on my part, or if I should take things further, so at least no one else gets hurt like this.  I believe that this hammer should have never crossed the border from China.
Thank you all

Anonymous · Accepted Answer

Sounds like you have a Workman's Comp claim did the company provide you with goggles? If no then you might have a serious and wilful claim as well The workman comp judge does not care it you did something stupid he/she only cares if you are hurt and did the company do all they could to protect you
a workman comp lawyer will help you he gets 15% of everything they award you if the lawyer is not interested in talking of a further serious and willful case get an other lawyer

Indiana Jones · Answer

this is your doing. 

you have no grounds to sue (i know you didn't actually say the word but you imply it)

i don't see how you think anyone "tricked" you. 

you are the one that used the hammer without safety goggles. 

and yes most people do wear safety goggle when using tools and such ESPECIALLY PROFESSIONALS which is what you are (supposedly).

whether the hammer "should" have chipped or not does not matter. 
what if a piece of the snow blower had chipped and flew into your eye?
would you have then blamed it on the snow blower?
i doubt it (although maybe YOU would have idk).

the only further action you should take is to make sure the company requires employees to wear safety goggles. (or do they already and you just did not adhere by that rule?)

Doug Smithart · Answer

For one thing, regardless of the expressed importance of ppe's (personal protective equipment) we all have an irrational tendancy to not use it in critical tasks, so don't beat yourself up over a failure to do so. I'm just as guilty as everyone else, so, I refuse to criticize and be a hypocrite. As for copper (the other striking surface of yuor hammer), copper is a soft metal, therefor, chipping is to be expected. That is one reason they warn to wear ppe. Now, you can pursue no action against the mfg. for your injury because of that warning label. They'll win and you'll have no case. Sorry, but they and any lawyer will advise against a suit becausee the courts will look at your "failure to comply with safety instructions". As for your eye injury, itself, you actually should have quit working,immediately, and went straight to the E.R. The damage done, chanses are, may have been far less than what they turned out to be. But, nonetheless, in spite such an injury, you survived, be greatful.

Nuff Sed · Answer

Worker's Comp includes injuries due to negligence or even intentional injuries (e.g., someone at work horsing around). It is the COMPANY'S job to properly train and supervise employees.  If you have to be taught "hammer etiquette", including safety goggles, then that's THEIR responsibility. 

Yes, you can be instantly fired for having violated safety instructions or policies, but that doesn't remove their requirement to pay for your medical bills, assuming you reported it within the prescribed period (e.g., 10 days) and you went to their approved doctors, and so forth.

In some states, if you're covered under WorkComp then you cannot sue the employer to pay for your medical bills -- your only recourse is to appeal denial of the WorkComp claim, if it's denied.

Badge203 · Answer

Were you wearing eye protection?

The fricking hammer stated to use eye protection, there all posters all over the place that says eye protection, COMMON sense dictates it

If you were not using safety glasses you will have absolutely no claim against anybody, this was a self caused injury.

You will be lucky if your insurance even pays for the medical care since you were not using the equipment properly

mnwomen · Answer

Tricked? How? You said yourself that it says wear safety goggles and now you know why. Tools wear out. You could be held liable for your own injury as you did not wear safety equipment as advised to.

Angeltiger39 · Answer

File for Worker's Compensation and let it go. I don't think you''ll win with the "I forgot my safety glasses routine."

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Injured at work what would you do?

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