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  1. #1
    Join Date
    Jul 2008
    Posts
    4

    Default Employer at Fault

    I have been injured at work. I was exposed to Hexavalent Chromium (Chromium 6) for over 3 years now I have lung damage and I keep getting these tumor on my voice box.
    I submitted a complaint to Tn OSHA and my employer was find for exposing the employees to this among other violations. My question is there anything I can do to the Employer? Every attorney I talk to says no because of the Worker comp act I find this hard to believe. Please Help Me. There has to be something I can do to sue my employer for this.
    Thanks
    Jerrod

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: Employer at Fault

    The lawyers you spoke to were saying that benefits an IW is entitled to under the TN WC Act are the 'exclusive remedy' to a work related injury...meaning the system is 'no fault' and you cannot sue your ER ...(except under a VERY few circumstances..eg proving the ER acted intentionally in injuring you/EE's)

    So, you should go to the TN web site and read through the FAQ's to help understand the benefits you are / may be entitled to under the Act...
    http://www.state.tn.us/labor-wfd/wcfaq.html#injured
    As you have already filed your complaint with TOSHA, that should constitute your asking for WC benefits from your ER...if not, file the C-20 form
    The Workers’ Compensation Division has released a new version of the Tennessee First Report of Work Injury, Form C20. The form has been modified to meet Occupational Safety and Health Administration (OSHA) requirements and the International Association of Industrial Accident Boards and Commissions (IAIABC) standards for Electronic Data Interchange (EDI).

    OSHA REQUIREMENTS: The OSHA 200 log has been replaced with the OSHA 300 log. The OSHA 101 form has been replaced with the OSHA 301 "Injury and Illness Incident Report".

    Historically, the "Tennessee First Report of Work Injury" (First Report) has been an allowable substitute for the OSHA 101 form. The First Report has been revised to meet the new OSHA requirements so that the substitution can continue. Use of the revised First Report will eliminate the need for filing the OSHA 301.

    OSHA requires employers to maintain a copy of either the First Report or the OSHA 301 on site and available to Tennessee Occupational Safety and Health Administration (TOSHA) representatives

  3. #3
    Join Date
    Jul 2008
    Posts
    4

    Default Re: Employer at Fault

    Can there be anything Like a Class Act or criminal. They knew what they were doing the whole time they even have publication writen by the company telling them not to do and how to protect us which they never did.

    So what you are telling me is they can take years off my life and nothing can be done. If that is true it is bull shit

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: Employer at Fault

    Can there be anything Like a Class Act or criminal. They knew what they were doing the whole time they even have publication writen by the company telling them not to do and how to protect us which they never did.
    Have you found ANY attornrey's that are even willing to discuss a class action with you ?
    Do you have any idea how much a class action would cost...? Who will foot the bill for this..?
    Or how long it takes to get a judge to grant class action status...?

    A class action suit againt this ER could take YEARS...at that, IF you were to prevail..the ER could declare BK and you would never see a dime...

    So what you are telling me is they can take years off my life and nothing can be done. If that is true it is bull shit
    Unfortunately...what you say could be true...
    You are however entitled to medical treatment...and If there is a resulting permenant disabiltiy, you would be entitled to indemnity..possibly life payments for your injury/illness...


    It's just the way the laws have been written all over the country...every state is experiencing the same issues...and your governor, legislature, and most of the general public who vote...are no more sympathic to these issues...talk to your friends and family...bring this up three, four times...see how they begin to ignore the subject. You aren't alone.

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