2nd Degree Burn In work Place, Very upset and angry.

[SF21090]

What is the name of your state (only U.S. law)? New Jersey

I work in a cafe which is sub to an Athletic Facility. I was working in the back loading the dishwasher which I loaded correctly as I always do. The dishwasher was running its cycle and with all the water pressure flushing the dishes It flipped one of the containers back up and it filled with hot water. When I opened the dishwasher the container fell out and all over my right foot inducing 2nd degree burns. The paramedics came and took me to the hospital. They drugged me up with morphine and gave me a tetnus shot which I was not happy about, nor do I think is necessary.

I am very upset and having mixed feelings about the whole situation. Every resturaunt environment I have worked in had a policy where "You must where this footwear to work here to prevent injury." No such policy exists in this cafe located in the Athletic facility, So myself and my co-workers are working with running shoes and footwear that doe not protect the feet. If I was wearing footwear the Club enforced this whole accident could of been prevented, I feel they are putting us in unsafe environment. I cannot drive, walk, work, and I'm in pain. I did not get a call from my job asking how I was doing, but got a call finding out how long I will be out of work for and if I have a workers compensation number.

I am considering filing a lawsuit against the company for failing to create a safe environment to work in, providing the proper attire to conduct job safely, and enforcing the policies so the workers remain safe. Im upset because nobody cares, and im just another worker that can be recycled. I want them to take responsibility for their negligence. They need to change the work environment and force employees to wear proper footwear. They aren't going to change their policy and take action unless a hand forces them to do so. I do not want another employee to go through the same pain I went through. Im tired of these large corporations making millions, paying workers next to nothing, and not providing the necessary rules or materials to conduct job safely.

Is this a valid lawsuit? what do you recommend I do.

Thank you

 

[Zigner]

Go through the worker's comp process.

And, don't shout about negligence when you know from prior experience in multiple similar jobs what footwear you should be wearing

What is the name of your state (only U.S. law)? New Jersey

I work in a cafe which is sub to an Athletic Facility. I was working in the back loading the dishwasher which I loaded correctly as I always do. The dishwasher was running its cycle and with all the water pressure flushing the dishes It flipped one of the containers back up and it filled with hot water. When I opened the dishwasher the container fell out and all over my right foot inducing 2nd degree burns. The paramedics came and took me to the hospital. They drugged me up with morphine and gave me a tetnus shot which I was not happy about, nor do I think is necessary.

I am very upset and having mixed feelings about the whole situation. Every resturaunt environment I have worked in had a policy where "You must where this footwear to work here to prevent injury." No such policy exists in this cafe located in the Athletic facility, So myself and my co-workers are working with running shoes and footwear that doe not protect the feet. If I was wearing footwear the Club enforced this whole accident could of been prevented, I feel they are putting us in unsafe environment. I cannot drive, walk, work, and I'm in pain. I did not get a call from my job asking how I was doing, but got a call finding out how long I will be out of work for and if I have a workers compensation number.

I am considering filing a lawsuit against the company for failing to create a safe environment to work in, providing the proper attire to conduct job safely, and enforcing the policies so the workers remain safe. Im upset because nobody cares, and im just another worker that can be recycled. I want them to take responsibility for their negligence. They need to change the work environment and force employees to wear proper footwear. They aren't going to change their policy and take action unless a hand forces them to do so. I do not want another employee to go through the same pain I went through. Im tired of these large corporations making millions, paying workers next to nothing, and not providing the necessary rules or materials to conduct job safely.

Is this a valid lawsuit? what do you recommend I do.

Thank you

 

[You Are Guilty]

I recommend you file your WC claim ASAP. Any future medical treatment may be affected by your claim.

http://lwd.dol.state.nj.us/labor/wc/workers/workers_index.html

 

[cbg]

By all means talk to a workers comp attorney to see that all your rights are protected.

But in most if not all states, workers comp is your SOLE remedy. With the exception of some third-party negligence issues (which do not apply here) you do not get to sue your employer for workers comp situations. That's the flip side of the protection you get for the obligation your employer has to pay for work-related injuries; they are protected by law from your filing a lawsuit.

 

[SF21090]

understandable, but then again its not my corporation and I am not responsible for the workers. What if another employee who never worked in this environment encounters the same situation? They should be enforcing not me.

do I have a case here

 

[Zigner]

understandable, but then again its not my corporation and I am not responsible for the workers. What if another employee who never worked in this environment encounters the same situation? They should be enforcing not me.

What if the furnace exploded? What if the ceiling fell in? What if the dishwasher malfunctioned? What if...what if...what if...
It doesn't work that way.

do I have a case here

Maybe a better way to approach this is to find out what you wish to accomplish. Then we can tell you if you have a "case". The most likely answer is that you have no case beyond the remedies provided through your state's work-comp laws.

 

[Zigner]

One other thing I'd like to point out is that it is easily conceivable that this accident is your fault. Apparently, you didn't load the dish washer properly. You are lucky that work-comp laws are "no-fault".

 

[SF21090]

THe thing is your describing all hypothetical situations im describing a situation that happened and could VERY WELL occur again. Your responding to me like you have some personal problem against me.

And I said I want them to enforce better rules and regulations to keep workers safe so no one has to open up a dishwasher and get 2nd degree burns, thanks.

 

[Zigner]

THe thing is your describing all hypothetical situations im describing a situation that happened and could VERY WELL occur again. Your responding to me like you have some personal problem against me.

Nope, you asked about a hypothetical future employee.

And I said I want them to enforce better rules and regulations to keep workers safe so no one has to open up a dishwasher and get 2nd degree burns, thanks.

I would think that you should also focus on training for the proper operation of equipment. But, in any case, your recourse is through the work-comp system. Feel free to consult with a local work-comp attorney. Interview a few before deciding on one.

 

[SF21090]

and its not my fault I have been working there for 9 months and load the dishwasher 20 times a day. Like i said before all the water pressure FLIPPED the bucket right side up and it collected water and when I opened it, it fell out ono my foot. You dont work there nor do you know how I loaded the dishwasher so get over yourself and stop attacking me and telling me I did everything wrong

 

[cbg]

None of which changes the fact that under the law, you cannot sue your employer in a workers comp situation.

 

[Zigner]

and its not my fault I have been working there for 9 months and load the dishwasher 20 times a day. Like i said before all the water pressure FLIPPED the bucket right side up and it collected water and when I opened it, it fell out ono my foot. You dont work there nor do you know how I loaded the dishwasher so get over yourself and stop attacking me and telling me I did everything wrong

A properly loaded dishwasher will not do that. But, the POINT is that, since work-comp laws are no-fault, it doesn't matter.

 

[OHRoadwarrior]

Unfortunately you are at fault. Your two arguments are that you are not smart enough to load the dishwasher properly and that unlike all other restaurant personnel in the country, you need water proof/temperature proof boots. Stick to the WC payouts and by all means get a lawyer to share any small compensation you may get for having broiled the skin on your tootsies. Good Luck

 

[xylene]

I have never worn anything other than comfortable skid resistant sneakers in a restaurant workplace, even in the dishroom environment.

You did not win the lawsuit lotto because you burned your foot.

As to your tetanus shot, I'm sorry they suck, but your claim it was unnecessary in a massive unclean wound shows you really don't know what you are talking about.

 

[SF21090]

seems this forum is more focused on proving people wrong than offering legal advice, and you say "massive unclean wound" and you haven't even seen the wound or don't even know how much area is burned on my foot... and as far as vaccines go they are harmful... they contain aluminum and other alloid's so that's why I'm not happy about getting the shot. But your beliefs are different from mine and I don't believe in getting vaccinations, does that make me wrong? or I don't know what I'm talking about? The wound was properly cleaned, medicated, and wrapped. I would rather take my chance getting tetanus than have someone pump my body with foreign chemicals and metals...