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Got burned at work and question for lawyers

Posted on 7/16/22 at 6:05 pm
Posted by ChestRockwell
In the heart of horse country
Member since Jul 2021
3072 posts
Posted on 7/16/22 at 6:05 pm
In a nutshell, I took off the cap of a tanker trailer and hot oil @ 225F sprayed all over my arms causing 2/3rd degree burns. There was no SOP in place for this,yet my boss asked me to create one, the following day. Was in the emergency room for 8 hours before getting treated and the safety shower water was as hot as the oil. Both of my forearms will probably be scarred for life. I'm in a union, and finally got treated yesterday. Do I have a case? Thank you
Posted by TigerIron
Member since Feb 2021
3102 posts
Posted on 7/16/22 at 6:06 pm to
Contact your union rep.
Posted by Ingeniero
Baton Rouge
Member since Dec 2013
18431 posts
Posted on 7/16/22 at 6:06 pm to
In
Posted by LegendInMyMind
Member since Apr 2019
55453 posts
Posted on 7/16/22 at 6:07 pm to
Sounds like you should have a case. frick burns man, I don't wish that on anyone.
Posted by biglego
Ask your mom where I been
Member since Nov 2007
76812 posts
Posted on 7/16/22 at 6:07 pm to
Workers comp
Posted by fr33manator
Baton Rouge
Member since Oct 2010
124944 posts
Posted on 7/16/22 at 6:07 pm to
The safety shower water was not as hot as the oil.


Posted by QuothTheRaven
Baton Rouge
Member since Dec 2019
187 posts
Posted on 7/16/22 at 6:09 pm to
You will be scarred for life. I have a huge scar on my leg from 350 degree fryer oil hitting my leg through pants after a filter hose busted. I wasn't in a union, but I did get workman's comp. You have a case for sure
Posted by AbitaFan08
Boston, MA
Member since Apr 2008
26930 posts
Posted on 7/16/22 at 6:10 pm to
As a lawyer, I’d advise you to contact an attorney and not the OT.

I will bill you for my time.
Posted by Power-Dome
Member since Nov 2012
1124 posts
Posted on 7/16/22 at 6:10 pm to
I don’t think you can start with “in a nutshell” and then ask if you have a case
Posted by PhillyTiger90
Member since Dec 2015
10761 posts
Posted on 7/16/22 at 6:10 pm to
Posted by Lakeboy7
New Orleans
Member since Jul 2011
23965 posts
Posted on 7/16/22 at 6:11 pm to
Who owns the truck that had the hot oil? Its comp unless there is 3rd party negligence.
Posted by ThatMakesSense
Fort Lauderdale
Member since Aug 2015
14844 posts
Posted on 7/16/22 at 6:12 pm to
Have you not watched any archeological movie? Never be the first to open anything. That’s where the boobytraps are. You send in an underling to do that nonsense.
Posted by Alt26
Member since Mar 2010
28747 posts
Posted on 7/16/22 at 6:13 pm to
The only claim you will have against your employer is via Worker’s Comp. At minimum, you should get that. IF there is potential fault by a third party (I.e someone not your employer) such as a faulty cap or the oil was pressurized too much, etc. then you may be able to file a lawsuit against those third parties
Posted by Gravitiger
Member since Jun 2011
10489 posts
Posted on 7/16/22 at 6:14 pm to
Basic workers' comp case. Only issue will be the amount of damages.
Posted by Costanza
Member since May 2011
3162 posts
Posted on 7/16/22 at 6:15 pm to


Yeah, call a lawyer that does work comp and personal injury work.
Posted by Sao
East Texas Piney Woods
Member since Jun 2009
66133 posts
Posted on 7/16/22 at 6:17 pm to

If you use workers comp you'll only get 70% of wages when out of office.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
26146 posts
Posted on 7/16/22 at 6:20 pm to
quote:

Do I have a case?


This is not legal advice since there are too many factors potentially at play. Just a general overview of what might be a similar situation and it will vary based on the facts of the accident along with the particular state law.

You have a comp claim which will cover the medical bills, lost wages (at the state rate) and there will be an award for permanent impairment/disability. States vary about how comp covers scarring/disfugurement.

Unless there is thrid party negligence you won't be able to sue anyone in tort. Comp will be the sole remedy. There may be some thrid party fault with the tanker itself but one needs a lot more facts.
Posted by SEClint
New Orleans, LA/Portland, OR
Member since Nov 2006
48769 posts
Posted on 7/16/22 at 6:24 pm to
How well did you sell the pain on-site? That may be worth a few $100K more
Posted by Jumpinjack
Member since Oct 2021
6485 posts
Posted on 7/16/22 at 6:33 pm to
If true they have already contacted you to settle. Of course you have a case.
Posted by NIH
Member since Aug 2008
112919 posts
Posted on 7/16/22 at 6:34 pm to
Why are you trying to drive business out of Louisiana
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