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  1. #1
    Join Date
    Jun 2007
    Posts
    1

    Question Hand Burn Injury

    I live in Tennessee and yesterday at about 12:30 i was cooking in the broyer and had just cooked some chicken tenders. i had hooked the drainer onto the hook to let the oil off the broiler/drainer so i could remove the tenders. as i was removing the tenders the drainer slipped off the hook and landed into the frying oil and then splashed upon me. it burnt my hand really bad and underside of my arm. I went to the ER because after putting cold water on it and ice upon it i seen it had blisters coming upon my arm. well at the hospital they asked if it happened at work which it did then they asked if my employer had this wotkers comp which i did not know they did or not. well the hospital called my boss and my boss said that they did have workers comp. now my question, just what is it ? My hand still hurts , and it burns but i can still use it.

    do i have to sue? What if i do not want to sue? have a nice boss. Does a person have to file a claim and all this or did the hospital already file it? And if they want to sue can i refuse to sue my boss?

  2. #2
    Join Date
    Feb 2007
    Location
    florida
    Posts
    640

    Default Re: Hand burn question?

    Did you report the accident to your boss? If not you need to do so ASAP. He will file the accident report with the carrier and the claim will be handled accordingly.

  3. #3
    Join Date
    Dec 2006
    Posts
    2,165

    Default Re: Hand burn question?

    Make sure that YOU get a copy of the Report of Industrial Injury from your Employer. Read it CAREFULLY before you sign it. Go to your State's Work Comp web-site and find out EXACTLY what the TIME requirements are for BOTH your Employer and YOU to file the Report/claim.

    According to the Tennessee WC web-site, your Employer is to submit The First Report of Work Injury on Form C20 along with a wage statement within ONE DAY of knowledge that you suffered a work injury.

    Some employers do NOT follow the procedure, so CHECK, with your Employer;s Insurance Co. By law, your Employer MUST post a Notice at your place of work advising you who the IC is, your RIGHTS, etc.

    You always have the option to consult with a Work Comp Attorney to find out what the process is. The initial consultation is usually free.
    Last edited by Charles Stevens; 06-12-2007 at 07:46 AM.

  4. #4
    Join Date
    Dec 2006
    Location
    Pa.
    Posts
    924

    Exclamation Re: Hand burn question?

    Sisco, if your Employer is willing to pay for any and all expenses, you are not required by Law to file a Workers Comp. Claim. And no, you don't have to sue your Employer. Your Employer may want to file a claim on your behalf, so you get the current and future care you may need, but that's not suing him, that's just them using the w/c insurance system to get your work related injury paid for. If you have a good relationship with your Employer, set down with them and decide how you want to proceed. Myself personally would want a claim filed, in case I would need future care, you may have scar issues that will need repair, and I believe you may have compensation due you for any scarring under the w/c system. But I wanted to make it clear, you do not have to file a claim, and you do not have to sue your Boss, as I said though I think it would be in your best interest to file. Best of Luck!!!

  5. #5
    Join Date
    Dec 2006
    Posts
    2,165

    Default Re: Hand burn question?

    Sisco, consider Scar's advice CAREFULLY--burns of the hand can be quite tricky, due to all the small muscles and "compartments" where infections and can "lurk", or the development of cellulitis can occur. And as Scar pointed out, scar tissue can develop. Since your injury is so recent, it is critical that the burn be followed closely, no matter how "minor" OR severe it may be.

    Are you on antibiotics? If not, be SURE to inform your Doctor IMMEDIATELY if you have increased pain, swelling, redness, "oozing", a red streak running up you arm, etc.

    As Scar pointed out, filing a WC claim PROTECTS you and ensures that your medical treatment and prescriptions be paid for, if you are off work for more than 14 days, then you will recieve Temporary Total Disability Benefits for your lost wages, and if there IS any permanent damage, a potential award for Permanent Disability or Impairment.

    Hopefully your burn will heal just fine, but learn about Tennessee WC laws and your RIGHTS, just so that you can be better prepared.

  6. #6
    Join Date
    Jan 2007
    Posts
    430

    Default Re: Hand burn question?

    First of all you can't sue your boss. W/C rules are in place to protect employers as well as employees.
    Scar gives some very good advice. W/C is insurance and therefore it’s there to cover employees in Times of medical as well as financial needs. It protects your Boss from being sued as well as protecting you from not being able to get the medical care and lost wages you deserve.
    Because W/C rules don’t allow you to sue an employer, it doesn’t discriminate as to negligence of the employee pertaining to the injury. Even if it was your fault, you’re still covered.
    I’d be very weary about going outside W/C and letting my Boss pay for the doctors visit. You have 2 Years to file a claim but the longer you wait the harder it will be to prove your case.

    If your Boss pays for the doctor bills and everything goes OK, then 3 Years later you have complications due to the injury, you’re on your own. If complications arise less than 2 Years, you have the burden of proof concerning the old injury and linking the new one to it.
    Because your Boss paid and you went out of W/C regulations you’ll have a very hard Time convincing the I/C to cover medical expenses after the fact.
    Also, if you file a W/C incident report, don’t sign a waiver! Your Boss might have you go this route telling you that it’s the only way He can pay for your medical costs Himself. You’ll be signing away ALL of your rights to a W/C claim in the future and will be 100% at your Bosses mercy.

    If I was you and you can take this as nothing but my opinion.
    Since it’s a burn and most likely will get better with nothing more than scaring, I’d go ahead and file the claim. Its not going to cost your Boss anything extra because He already pays your W/C insurance premium anyway. Your Boss shouldn’t take it personal and if He does then I’d take that as a red flag. Also, W/C will have to pay you a settlement if you end up with severe scaring as well.
    Your wages will be protected for the short Time your off work.
    If there are complications keeping you from working for a longer period of Time, lost wages and medical costs will be covered until you can work again.

    Dealing with your Boss outside of W/C is VERY risky for the reasons Scar mentioned. Your Boss isn’t going to compensate your wages while you’re recovering and I doubt He’ll cover your medical if this becomes serious. If this draws out longer than expected He could decide not to pay the Medical bills anymore. If this happens then you’re in for a big fight with W/C insurance because you set a precedent by not filing a claim right away but instead, chose to let your Boss pay the medical bills instead. He sure won’t be there for you 5-6 Years down the Road if your injury comes back to haunt you, W/C will.
    If the burns are serious enough, you’ll be going through several Skin grafts and it might be some Time before you can return to work. Your Boss isn’t going to compensate your lost wages while your off work healing, W/C will.

    Think of W/C as insurance your Boss took out on you for just this type of situation because that’s exactly what it is. It’s like when you buy a Car and have to have insurance on it. When you hit someone you’re protected. He got insurance on you when you hired on so if anything happens, He’s covered.
    W/C rules are so goofy that if you decided to play around with that vat of hot grease and caused someone else to get hurt, they wouldn’t be able to sue you under W/C regulations because those same regulations protect His medical costs as well as lost wages. I know you’d never throw hot grease on a co worker but if it happened He’d be covered and you’d be protected from the co worker from a lawsuit.

    I hope my Wordy reply shed some light on this W/C system and you where able to make some sense out of it. Good luck and I hope you heal completely.
    Last edited by kentuckyranger; 06-13-2007 at 10:29 PM.

  7. #7
    Join Date
    Dec 2006
    Location
    Pa.
    Posts
    924

    Lightbulb Re: Hand burn question?

    Very good Post Kentucky!! You explained the situation very well, all we can hope is Sisco heeds our advice and does the correct thing. Have a Great Day!!

  8. #8
    Join Date
    Jun 2007
    Location
    Tennessee
    Posts
    200

    Default Re: Hand burn question?

    Hi. I'm a Tennessee workers' comp attorney, and wanted to address a few concerns with Kentucky Ranger's post, to point out some important differences in the law down here.

    Quote Quoting kentuckyranger View Post
    First of all you can't sue your boss. W/C rules are in place to protect employers as well as employees.
    Well, you can't sue the boss personally, unless he's a sole proprietor of the business. You would sue your employer and/or the workers' comp insurance company for any benefits that you wanted to seek.

    [QUOTE] Scar gives some very good advice. W/C is insurance and therefore it

  9. #9
    Join Date
    Jan 2007
    Posts
    430

    Default Re: Hand Burn Injury

    Thanks for clarifying things JLJ. I'm no lawyer, I was just going on what I know and have been through. I know specific W/C regs are very different for each State.

    I think you where splitting hairs on the issue about suing an employer. Yes, you can sue over gross negligence but if it's one of those kind of things that would be hard to prove then you'll really have your work cut out for you.
    From everything I've read about W/C I've learned that the regulations are there to keep lawsuits almost non existent, and they do protect an employer to a point. I guess I should have bee more clear about that. If this is different in Tenn then I wish I lived there when this happened to me because My employer would be nailed to the Wall over what happened to me.

    My Co was negligent in not addressing the safety issue surrounding what caused my injury. But as far as me suing them over it, I did talk to 2 Attorneys about it. Their negligence in what they did would be so hard to prove in court and because I'm being covered by W/C the lawyers I talked to wouldn't touch it on contingency. One said He'd check into it for $500.
    If I had the money I would most certainly have filed a lawsuit. I tried to get several drivers together for class action but they where too afraid of losing their jobs. Funny thing, the Co is going out of business at the end of July...

    I try to give the best advice I can but like I said, I'm no lawyer, just another I/W trying to deal with this nightmare and help where I can. I appreciate it when a professional gives constructive criticism because we all need to accurately know where we stand and what our rights are.
    I'm not sure if I told this I/W to seek the advice of an Attorney, I usually do and if I didn't, I apologize.

  10. #10
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,923

    Default Re: Hand Burn Injury

    JLJ is TN exempt from the "exclusive remedy" for WC claims like so many other states fall under?

    Steel
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

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