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re: Got burned at work and question for lawyers

Posted on 7/16/22 at 6:41 pm to
Posted by Lakeboy7
New Orleans
Member since Jul 2011
23965 posts
Posted on 7/16/22 at 6:41 pm to
quote:

Why are you trying to drive business out of Louisiana




LABI and LWCC will provide.
Posted by Ed Osteen
Member since Oct 2007
57538 posts
Posted on 7/16/22 at 6:42 pm to
quote:

There was no SOP in place for this


How is there no SOP for opening a tanker cap?
Posted by bigwheel
Lake Charles
Member since Feb 2008
6491 posts
Posted on 7/16/22 at 6:48 pm to
Get Gordon
Posted by bgtiger
Prairieville
Member since Dec 2004
11444 posts
Posted on 7/16/22 at 6:48 pm to
Hope the money you get makes you smarter
Posted by SEClint
New Orleans, LA/Portland, OR
Member since Nov 2006
48769 posts
Posted on 7/16/22 at 6:51 pm to
quote:

Comp don't care about your pain and suffering baw.
well, thats unfortunate.
Posted by gizmothepug
Louisiana
Member since Apr 2015
6655 posts
Posted on 7/16/22 at 6:59 pm to
quote:

The only claim you will have against your employer is via Worker’s Comp.


Which is shite in Louisiana, I don’t know about other states but in Louisiana it’s crap. If you’re employer put you in that situation, don’t take shite, then hire a lawyer.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
25911 posts
Posted on 7/16/22 at 7:08 pm to
quote:

well, thats unfortunate.


Comp is a type of tort reform with gives and gets for both sides. Workers give up the right to sue in tort but do not have to prove fault, in fact outside of certain things like intoxication the worker themselves can be fully at fault but still recover. Workers also do not have to wait until they reach MMI (maximum medical improvement) to have their medical bills paid and get their lost wages.

Companies avoid being sued for negligence and have the amount they have to pay out capped. Comp insurance though not cheap is FAR cheaper than if they had to hold general liability insurance for employee injuries.

It is typical of most types of tort reform both sides get something and both sides lose something but overall it is generally more to the long-term benefit of companies as they tend to make the largest political contributions.
Posted by dualed
Member since Sep 2010
4714 posts
Posted on 7/16/22 at 7:10 pm to
Are you being vague on purpose? Was this an offload or a load? Which cap did you take off to expose yourself? Was this tanker different than usual and you didn’t know what you were doing as a result? I find it hard to believe a SOP doesn’t exist for general offloading or loading of a tanker truck. Did no one check the pressure on the tanker before you removed the cap? No bleeder to verify?

I’m sorry this happened to you though. Unfortunately accidents are inevitable. I hope you’re able to get something as long as you’re sidelined from work.
Posted by Hou_Lawyer
Houston, TX
Member since Jun 2019
1907 posts
Posted on 7/16/22 at 7:16 pm to
100%. Where are you located?
Posted by tigerinthebueche
Member since Oct 2010
36791 posts
Posted on 7/16/22 at 7:21 pm to
You sound pretty stupid so yes I’m sure our legal system will take good care of you.
Posted by Roll Tide Ravens
Birmingham, AL
Member since Nov 2015
43004 posts
Posted on 7/16/22 at 7:23 pm to
quote:

As a lawyer, I’d advise you to contact an attorney and not the OT. I will bill you for my time.

As a lawyer, I concur.

I will forward my bill to you, as well.
Posted by Macavity92
Member since Dec 2004
5994 posts
Posted on 7/16/22 at 7:30 pm to
Go see a workers comp lawyer. Sooner rather than later. If comp is not the primary part of their practice hire someone else. There are too many obscure rules and statutes to trust your case to someone who does not do it full time. I have been in the field for a long time and see this all of the time. I do not know how good your case is, just that you need a lawyer. Where do you live?
Posted by TexasTiger1185
New Orleans
Member since Sep 2011
13071 posts
Posted on 7/16/22 at 7:34 pm to
The fact that you’re coming to the OT for this tells me you’re an idiot.
Posted by wadewilson
Member since Sep 2009
36674 posts
Posted on 7/16/22 at 7:35 pm to
quote:

There was no SOP in place for this,yet my boss asked me to create one, the following day.


So while you were being treated for burns from your workplace injury, your boss asked you to write an SOP for the dangerous job you were injured on because there was no SOP to follow.

frick him.
Posted by Macavity92
Member since Dec 2004
5994 posts
Posted on 7/16/22 at 7:38 pm to
Just saw that you are from Louisville. I do not know anyone there but the advice remains the same. Their primary focus should be comp.
Posted by Jake88
Member since Apr 2005
68475 posts
Posted on 7/16/22 at 7:40 pm to
quote:

There was one fella who was burned worse than I, and they settled with him, and didn't get fired. Except, down the road he did, not showing up for work. Was passing away his cash at a strip club close to work, similar to She-She's or Onyx on Chef Hwy. Doing blow off of fat arses, shite like that
Basically he didn't need the money and he was bullshite.
Posted by ChestRockwell
In the heart of horse country
Member since Jul 2021
2966 posts
Posted on 7/16/22 at 7:42 pm to
Yes
Posted by mikelbr
Baton Rouge
Member since Apr 2008
47549 posts
Posted on 7/16/22 at 7:42 pm to
quote:

Is there a SOP to do a JSA for a task if you don't have a SOP? If so, did you do a JSA? Did a supervisor review it with you?

If they don't require a JSA for performing a task with readily identifiable hazards that do not have a SOP, then I'd say that's a problem...for them. But talk to a lawyer...




Bingo. It's not a straight forward Workers Comp if there was no JSA and SOP in place and boss just says "hey go open that tank when it's cooled down".
Most places have records of your Computer Based Training on every single task. These are updated annually if not more frequently to cover their asses. Seems there is none of that in this case.

OP you definitely have something here. But let the Union Rep advise you first. Don't hire an attorney if the Union goes to bat for you.
That way you may be able to keep your job AND collect a settlement. If you hire an attorney and don't go through Union channels, you'll be terminated ASAP.

Been in plants 22 years here with much experience on Safety teams as well as managing the HSE Document management(MOC) systems and policies.
This post was edited on 7/16/22 at 7:45 pm
Posted by ChestRockwell
In the heart of horse country
Member since Jul 2021
2966 posts
Posted on 7/16/22 at 7:44 pm to
No JSA, no SOP. Simply getting rushed into offloading the oil.
Posted by Proximo
Member since Aug 2011
15576 posts
Posted on 7/16/22 at 7:44 pm to
quote:

It's not a straight forward Workers Comp if there was no JSA and SOP in place and boss just says "hey go open that tank when it's cooled down".

uh yes that is still comp.
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