The sleeve of my jacket became entangled with an unguarded PTO shaft and I ended up losing my arm in the accident. While my employer has been very sympathetic he says he is not responsible as I should have followed the strict guidelines set out in his training. But I read that you should have had a guard in front of the shaft, therefore am I entitled to claim PTO shaft accident compensation?

It may be deemed that you contributed to your accident through your own carelessness by failing to adhere to clothing requirements however provided that you can demonstrate that your employer is at least partially to blame for your accident you should be able to make a PTO shaft accident compensation claim.

A PTO shaft rotate nine times per second, therefore it is vital that the guard is the right size and that the shaft is functioning normally and while you may have contributed to your injury it may be determined that your influence on events was quite small. However, it would be in your best interests to speak with a personal injury lawyer as it is they will be able to determine the impact you had on the incident and the affect it may have on the potential amount of compensation you are eligible to claim. For example, it may be found that you were 25 per cent responsible for the accident thus the amount you are entitled to claim will be reduced by 25 per cent. Depending on the potential value of the PTO shaft accident compensation claim this could be a significant amount. Furthermore, any state benefits you receive prior to your compensation claim being resolved will have to be paid back at 100 per cent.

Of course you may be concerned that making a compensation claim against your employer could affect your position within the company and your future job prospects, however USA law states that any employee who rightfully makes a compensation claim for an injury sustained at work shall not suffer any consequences for their actions. Furthermore, the employer’s insurance company pays the compensation for claims that are a success – not the employer – it is also worth bearing in mind that it is highly unlikely you will need to pursue your compensation claim through the courts as it is often settled before that stage.

Disputes such as these can slow the claims process down therefore you should speak with a personal injury lawyer as soon as possible to ensure you suffer minimal delays in your PTO shaft accident compensation claim.