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What would my options be in this type of situation? and also is this a potential lawsuit?
Anonymous5 views3 answers
I work at a gas station. While filling up a propane tank for a customer I received 2nd degree chemical burn on my hand from the propane leaking out. The nozzle was not connected all the way due to the propane tank being stripped therefore the nozzle could not tighten. The only protective gear my employer offers is a pair fairly thin rubber gloves which after doing some research with OSHA and WISHA it's 100% clear the gloves offered do not meet any kind of minimum standard for proper protection equipment when working with propane. I've already been diagnosed with 2nd degree burns by the emergency room and also have filed an L&I claim.
This is a worker's compensation claim, because is arises out of and in the course of employment. You may also be able to make a claim against another company if someone other than your employer was responsible for maintaining the propane take. OSHA and WISHA may also step in a fine your employer, but that does not get you any compensation. Hire a worker's compensation attorney right way. In Nevada, to trigger a workers comp claim you have to file something shortly after the incident. Make sure you know who to report a worker's comp. claim in WA, the sooner the better.
I agree. You were injured on the job so you have a primary case through the workers compensation laws of the state where you were injured. You should see a local attorney in your area that specializes in representing injured workers to determine what benefits you are entitled to. You should also explore the potential of a 3rd party recovery against another person or company (other than your employer) that contributed to your accident or were negligent.
Peter Jaret AbbarnoWorkers' Compensation LawyerCentralia, WAWA licensed ·
Your injury is very unfortunate; however, it appears from the facts that your employer did not act with intent to injure you and there was no third party non-employee at fault. Therefore, your only recovery appears to be through the Workers Compensation system. Most injury attorneys, like myself, offer free consultations to injured workers. I recommend you consult with an injury attorney and learn about all the benefits that will be available to you.
