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re: Got burned at work and question for lawyers
Posted on 7/16/22 at 8:44 pm to wadewilson
Posted on 7/16/22 at 8:44 pm to wadewilson
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
Being a burn victim myself, I find it difficult to believe someone with 3rd degree burns to both forearms was in any capacity to work the following day, 3rd degree burns normally involve skin grafts. That's not an overnight procedure
1
Posted on 7/16/22 at 8:47 pm to biglego
quote:
Workers comp sucks
Posted on 7/16/22 at 8:59 pm to ChestRockwell
I don’t see what the fact that you are in a union has to do with it, unless it wasn’t in your. Job description or something like that. It sounds like you didn’t see the need to get treated immediately, though you had third degree burns and you will be scarred for life?
I don’t mean to doubt your word, but I suspect that you might be exaggerating slightly. If you are getting a attorney to file a lawsuit, you’d better tighten up your story a bit.
I don’t mean to doubt your word, but I suspect that you might be exaggerating slightly. If you are getting a attorney to file a lawsuit, you’d better tighten up your story a bit.
This post was edited on 7/16/22 at 11:07 pm
Posted on 7/16/22 at 9:04 pm to ChestRockwell
You were in the ER for 7-8 hours with 2nd and 3rd degree burns with out being seen. I’m callin bullshite.
Posted on 7/16/22 at 9:21 pm to ThatMakesSense
quote:
You send in an underling to do that nonsense.
I think your advice was followed in this case.
Posted on 7/16/22 at 9:25 pm to Ponchy Tiger
quote:
Did ya'll have a JSA in place?
They may. And I bet he ends up deleting this thread.
Posted on 7/16/22 at 9:29 pm to ChestRockwell
This is a workers comp for sure.
This post was edited on 7/16/22 at 9:31 pm
Posted on 7/16/22 at 9:31 pm to ChestRockwell
Bleed (pressure) before you bleed (blood), baw.
What kinda plant baw doesn’t know this?
What kinda plant baw doesn’t know this?
Posted on 7/16/22 at 9:31 pm to Ignignot
Yeah, doesn’t make sense with his experience. If he knew the potential risks in this task and did it anyway, he ends up looking incompetent.
Posted on 7/16/22 at 9:40 pm to ChestRockwell
quote:
In Louisville.
Kentucky seems to follow the basic Comp laws used in most states that I and others have illustrated and it explains thrid party liability:
quote:
If you are injured in an accident on the job in Kentucky, or you become ill as a result of your job, you may be entitled to workers’ compensation benefits. In fact, workers’ compensation is the exclusive remedy when you are injured on the job in most cases. What happens though if you are on the job and a third party causes, or contributes to, your injuries? In that case you may be able to file a third-party lawsuit in lieu of, or in addition to, your workers’ compensation claim.
The Kentucky workers’ compensation system is a no-fault system, meaning that you are not required to prove negligence on the part of your employer to be entitled to benefits. As long as you are a covered employee and the injury/illness occurred while you were within the scope of your employment you will be entitled to benefits. The workers’ compensation system was developed to provide workers with a simple method of securing benefits for workplace injuries that did not require lengthy, and often costly, litigation. The tradeoff for workers is that the workers’ compensation system limits the compensation available to an injured/ill worker.
Although proving fault is not necessary to qualify for workers’ compensation benefits, someone may actually be at fault. If the at-fault party is a third party, meaning someone other than your employer or co-worker, you may be entitled to file a third-party traditional personal injury lawsuit. A third-party lawsuit can be filed even if you qualify for workers’ compensation benefits if the basis for the lawsuit existed at the site at the same time.
This often happens in a construction accident where there are frequently several companies working at the site at any given time. A worker from another company could drop something, for example, or be operating a piece of machinery that causes your injuries. Because you were on the job at the time, you could be entitled to workers’ compensation benefits. However, since another worker’s negligence caused the accident, you may also have a valid personal injury lawsuit.
The biggest difference between the workers’ compensation system and a personal injury lawsuit is that a personal injury lawsuit allows you to recover non-economic damages. This is what people commonly refer to as “pain and suffering” compensation. Because the workers’ compensation system is a no-fault system, a claimant is not entitled to non-economic damages. Often, this leaves an injured worker to deal with the emotional trauma caused by the accident without any compensation for that trauma.
A personal injury lawsuit can also compensate the victim for expenses and losses not covered by workers compensation. Wage losses, for example are only paid at the rate of two-thirds of your average weekly wage, or AWW. Compensation from a third-party lawsuit could effectively fill in the gap between your workers’ compensation benefits and what you actually earned prior to the accident. In addition, your workers’ compensation benefits may not cover all of your medical expenses or out-of-pocket costs associated with your injuries or illness.
If you have been injured while on the job in Kentucky and you believe that a third party was responsible, in whole or in part, for your injuries, consult with an experienced Kentucky workers’ compensation attorney right away to determine what legal options are available to you.
LINK
Pretty much standard exclusive remedy. You may also want to read Helton v Tri County from the Kentucky Ct of Appeals that outlines exclusive remedy.
Case PDF
Posted on 7/16/22 at 10:47 pm to TigerDat
quote:
Being a burn victim myself, I find it difficult to believe someone with 3rd degree burns to both forearms was in any capacity to work the following day, 3rd degree burns normally involve skin grafts. That's not an overnight procedure
Yeah, see, I kinda imagined the boss visited him at the hospital next day to "check on him" and, oh, by the way, OP is now qualified to write the SOP on that task.
So OP, did you have to write a fricking JSA?
This just blows my mind. What kind of candy arse mickey mouse facility were you working in? I think the safety culture at my plant is a joke and we have about a dozen different forms to fill out for various jobs. Not all for every job, obviously, but I can't think of anything we can do that doesn't require at least two forms that you have to take seriously.
And we ain't union.
Posted on 7/16/22 at 10:48 pm to ChestRockwell
Why don’t you call a lawyer if you have a question for one.
Posted on 7/16/22 at 10:50 pm to Ignignot
quote:
Did ya'll have a JSA in place?
Ok, so I missed this question and didn't see if it was answered.
If there was a JSA and OP either didn't sign it, or just skimmed over and signed it, and did something that the JSA advised against, or had steps to avoid, he played himself.
Posted on 7/16/22 at 10:51 pm to ChestRockwell
You just hit the baw lottery!
Congrats on the new sxs and bass boat!
Congrats on the new sxs and bass boat!
Posted on 7/16/22 at 11:00 pm to ChestRockwell
quote:
I'm in a union
If your union is worth a shite, you should be on cruise control at this point. Get off the OT and in touch with your rep.
ETA: Hope things get better for you. I wouldn't pour hot oil on my worst enemy.
This post was edited on 7/16/22 at 11:03 pm
Posted on 7/16/22 at 11:02 pm to ChestRockwell
3rd party negligence could play a role in making this difficult. Large portion of my job is protecting and mediating such issues. If you were working solely under your company and using all company equipment you have a strong stance. An email asking for development of an SOP after the fact is incriminating and hard to understand any upper mgt would make such request. Devil is in the details but thats my 2 cents. Get well.
Posted on 7/16/22 at 11:06 pm to ChestRockwell
Just my $0.02 as a former comp / PI lawyer: If WC thinks for a moment that you are not as impaired as claimed, they WILL have a PI on your arse. I used to think my clients were unlucky or something, but then I had a piece of land across from an injured worker's home. PI asked permission to set up surveillance from my land. I declined but the a-hole sat in the driveway for a couple of days anyway. Two days he was there for sure. A third day and he would've had tire damage.
Like others have said: Your easiest recovery will be in WC. Two thirds wages plus meds. Plus a sum TBD for impairment. Burns are a little different, but back when I was studying for the Mississippi bar exam, I recall they had a per-body-part schedule. One finger worth less than two. Whole hand worth less than an eye. And, they were relatively trivial sums. Like less than $20K for an eye IIRC. Your "real" recovery, if any, will be in tort against entities other than your employer.
Like others have said: Your easiest recovery will be in WC. Two thirds wages plus meds. Plus a sum TBD for impairment. Burns are a little different, but back when I was studying for the Mississippi bar exam, I recall they had a per-body-part schedule. One finger worth less than two. Whole hand worth less than an eye. And, they were relatively trivial sums. Like less than $20K for an eye IIRC. Your "real" recovery, if any, will be in tort against entities other than your employer.
Posted on 7/16/22 at 11:11 pm to ThatMakesSense
quote:
ou send in an underling to do that nonsense.
His boss did exactly that.
Why do y'all assume everyone on here is not an underling?
I assume everyone on here is at least under mid-management, if not the lowest man on the totem pole.
This post was edited on 7/16/22 at 11:13 pm
Posted on 7/17/22 at 2:01 am to Lakeboy7
quote:
70% of wages when out of office.
Dont ever get hurt on the job.
OP talk to the lawyer before you give a statement or see a "company doctor". In this case neither the company or the union is in your corner.
Workers compensation benefits are not taxable.
The union has no standing in a workers compensation claim.
Nice job in creating issues where none exist.
Posted on 7/17/22 at 2:05 am to FCP
quote:
Just my $0.02 as a former comp / PI lawyer: If WC thinks for a moment that you are not as impaired as claimed, they WILL have a PI on your arse. I used to think my clients were unlucky or something, but then I had a piece of land across from an injured worker's home. PI asked permission to set up surveillance from my land. I declined but the a-hole sat in the driveway for a couple of days anyway. Two days he was there for sure. A third day and he would've had tire damage.
I am sure all of your clients were upstanding people who would never claim disability when they were fully capable of employment.
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