Can I still sue? If so what kind of lawyer...To: Lawyers or law school students?
Find answers to your legal question.
Can I still sue? If so what kind of lawyer...To: Lawyers or law school students?
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When I was working as a baker for a supermarket I burnt my chin and neck bad due to the unsafe work conditions I had to work with. Its been about 2months and since then I've quit fed up w/ their bs. The scar is still visable and looks bad People stare and it looks bad when I got for jobs and stuff. Can I still sue or is it too late....I thought of sueing then but I didnt think I could b/c it was my fault but someone told me I could've b/c of the conditions.
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M W
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The first start is an incident report. Hopefully there was one written at the time of the incident. But you are correct. If you burned it yourself, your employer has zero liability--unless you are working under conditions that contributed or caused the injury.
Better than listening to "someone" or myself, it is no problem to contact the department of labor and talk with them. Be honest. Be fair to yourself and to your employer. |
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guardianangel
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M W, is correct if an incident report was completed this is the first and most crucial step.
Even if you suffered from the burns and you feel it was due to your own negligence, you state that unsafe work conditions were present. Unsafe work conditions would supersede the fact that you believe you were negligent, you would not have been negligent if the unsafe work conditions did not exist. In addition, the steps your employer took to correct the unsafe work conditions and what compensation you received while you were out of work due to your injuries.
The Department of Labor is a good place to contact, Department of Occupational Health and Safety. This is where you can get free legal advice and place a claim against the employer.
If you are looking to be awarded damages, you are better off obtaining an attorney who specializies in Labor/Employment Law with experience in Occupational Hazzards.
I hope this information has been helpful. I am sorry to hear about the injuries that you have suffered.
Without knowing what work conditions you considered to be unsafe, your age when the incident occurred, how your employer handled the injury, and the state in which the incident occurred, it is hard for me to determine if you would have a case or not.
Yes, if you have a case you still have the legal right to place a claim against your employer since, it has only been two months. Two months would be considered timely filing.
If you would like to discuss the matter in further detail, please feel free to email me and I would be more than happy to point you in the direction of the best avenue to pursue.
Best wishes. |
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jobbend
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If you were injured at work, and you are in the US, you are covered by workers compensation law. If there are unsafe work conditions, and they don't adhear to OSHA standards, that is a whole different story.
You can do some research at www.usa.gov and search for "workers compensation" and the state you live in. You can also look at OSHA regulations at www.osha.gov and do research.
Bottom line, if you were injured at work, seek out the Information that will help you understand your legal rights. If necessary, seek out an attorney that specializes in workplace injuries. |
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