am I sue happy?

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Lmandrake
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Post by Lmandrake »

You are covered under workmen's compensation for this work related injury. Under workmen's comp, it doesn't matter if it was your fault or not as long as it is work-related. However, what you can get is limited to medical costs, lost wages and, if your injury is permanent, the potential to get some kind of lump sum settlement.

You might be eligible for sum kind of award based on scarring, but you would have to talk to a lawyer..
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Busby
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Re: Re: am I sue happy?

Post by Busby »

Originally posted by xsiled
you did it to yourself

his burn looked exactly the same.


xsiled: Cat's point is that the workplace provided insufficient protective wear for the situation that was given to him. Given proper protective wear the injury could have been avoided.

Cat: Probably not enough grounds for a lawsuit but might want to talk to manager about getting better protective wear for future jobs, however there could be grounds but probably not worth pursuing.
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CaterpillarAssassin
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Post by CaterpillarAssassin »

very well put busby. It probably isnt worth filing suit over.

but i was reading something online about workers comp and scarring. Somthing like for every inch its about 10-15 weeks benefits.

I dunno. I'll call my lawyer and see what he advises.
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Lmandrake
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Post by Lmandrake »

You can't file suit anyway unless you sue the maker of the burn sleeve saying the product was no good.
Workmen's Comp is just about the only avenue you have. You can't sue your employer, because workmen's comp is your exclusive remedy against that employer.

You must file a claim, however. Under most workmen's comp systems, you have to file a claim within a certain time period of the injury or you are SOL.
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Demrok
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Post by Demrok »

Cat, don't be such a big baby!! that's just a litle burn :)
as the protective wear wasn't adiquate, he should have said something before he used it, in using it he took it apon himself to be careful with what he was given...
it is your own fault ya got burned, you should be more careful is what they'd say....

as for your boss not letting you go to the hospital that's a different case...
because if you need to go he can't F'in stop you....
and if you DID go and he fired you, THEN sue :)

I cut the tip of my thumb off at work last year** (grew back as a scar) and how could I sue for that? The knife was too sharp? :rolleyes: it was my own dumb fault because I wasn't careful enough :D




**check forums on how the tip of my thumb went out with the bacon bits ;) (I was a cook when I did it)
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PreDatoR
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Post by PreDatoR »

Stop being a sissy boy... :D I wish i had taken pics of my arm when a Oxy/Acetylene torch got ran across it... multiply that by about 5 in size and thats what it looked like... keep it clean with hydrogen peroxide and alcohol... burns like hell but it won't get infected. I never went to the doc when my arm got burned... i could tell it just peeled back the first 3-4 layers of skin and there was a couple left. It did seriously scab over but i just kept burn compound on it and kept it wrapped up for about a week to keep the infection down which never did happen. It did scar somewhat... skin wise no scar but i have feckles on my arms... and right where i got burned there are very few freckles and this happeend about 10 years ago lol My arm never had a chance to blister cause it blasted the skin right off of it... Funny thing was it never really hurt... What hurt more was when the hair started growing back and would get caught in the scab and when i'd move my arm it would pull lol It looks just like a 3rd degree burn... i think thats the most minor of burns... it should heal up just fine and in 1-2 months other than being a little pink you wouldn't even know it happened.

I know sleaves your talking about we use them at work as well. Don't your employer supply you with cotton or leather gloves. a cotton glove would have been enough that if you just brushed against it you wouldn't have gotton burned as bad. It might have gotten hot and been sore for a day or 2 but it wouldn't have blistered up and gotten that nasty...
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Post by lostinms »

Put some Aloe vera Gel on it and it will be fine. In the future if you get burn even Sun burn use Aloe vera Gel or soming that has Aloe vera in it cause it is the best thing for burns unless it is one of the more serious burns. Then you will have to pack in ice and may have to get some therapy for it.

When I us to work for McDonalds I was cleaning out one of the fry vats and we had a machine that sits on the floor where the hot grease pour into while you clean the inside of the vat out. Now in the training films there is suppose to be a gard(sp?) on it to keep you from steping in the 350+ degree oil. Well to make a long story short some people were in my way so I tried to step over it and end up in it. I ended up with 1st, 2nd, and 3rd degree burns on my akle area of my foot.

Lets just said it was one of the many most painful experinces I ever had and no scars from it. The other was when I broke my arm in an automobile crash. I got a scar for it.
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Demrok
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Post by Demrok »

one time I was arc welding a tractor tire onto a 3/4 ton Chevy :) :) (making a bush truck for the back fields) :up I wasn't thinking clearly while welding and the rod was too straight, so like 2 seconds after I stopped I grabbed the, what was JUST a RED hot, rod and bent it down a bit... INSTANTLY burning the tips of my left thumb, index and middle finger...

the tips had white charred lines on them outlining the rods path perfectly.... and the tips got ROCK hard....and the smell of burnt flesh filled your nostrils like a pungeant odor....

weird thing was, I didn't jump back or flinch, it didn't even hurt at all...that is until later on when the endorphins had worn off ;)

ahhhhh, it was a grand ol bush truck :)
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EvilHorace
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Post by EvilHorace »

Like many jobs, one can be hurt and badly too while working on cars if not carefull. About 10 yrs ago I was trying to pry off an exhaust pipe that was wedged being that it was a truck and on a drive-on hoist. The pipe came off and suddenly sliced my hand badly, about 3" long and deep. I took one look at it, threw a rag on it and walked to the manager telling him that I needed a ride to the emergency room. They stitched it up and even though the doctor said I shouldn't work for a while (which they always do), I did anyway as I needed the money. I still went to work w/o missing a day even with one hand bandaged up.
I've been burned too and cut so many times that I usually don't even feel it anymore, just see red stuff and have to look to see where it's coming from.
The moral, one just has to be more carefull.
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CCS
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Post by CCS »

Dude I agree but like others have said that's not worthy of a settlement. Pretty weak by most standards too...

I can run down 3 accidents I've had at work worse then that..

1) Cut my hands to shit with powdered glass after a lamp explosion (the gloves they provided were flimsy at best).

2) Had a faulty hydraulic lift (the breath valve that let it down was screwed up due to usage without service an overall age) land square on my foot causing a few hair line fractures on many of the bones (pain beyond pain)

3) Burned both hands to the point of losing feeling for the rest of my life on a pair of water cooled Xenon lamp bits (same incident in #1 - was being rushed by a certain mother f**ker who ended up getting a wrench thrown at his head moments later :p )

Did I sue? Nope...got all the insurance under the sun an battle scars are all the rage plus I get paid well to do what I do. 'Jiffy Lube my anus' probably doesn't pay to well (maybe it screws workers around as well) so I wish you could have given them hell.
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