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Eye Injury due to Gross Negligence

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Jane Dickens

Junior Member
What is the name of your state? CA

i work for a major hospital. i am a mammographer. i was injured at work last year - 7/03 when an unlabeled container fell on me in the darkroom as I was processing films. it was kodak developer in a male urinal - left by an employee/supervisor from another department. the chemical splashed my left eye and chest. i flushed my eye out immediately, but on account of my supervisor's blunderings, i was not seen in the ER to get my eye flushed until much later.
i suffered a chemical burn in that eye, and was told by the opthomologist that it would heal in about 3 months. although my vision has improved iin the left eye - back to normal. nine months after the injury, i am having problems with the eye. I have chronic "dry-eye" resulting from the burn. it is constantly gritty, itchy, bloodshot and painful. it is especially sensitive to air conditioned rooms, dry weather, light, smoke and pollution and working for periods looking at a computer screen. needless to say , it has caused me a great deal of distress. I use my eyes at work to look at a brightly lit screen to check the films I take on patients. i also am a published illustrator, and i create some very intricate line drawings. i am unable to do any of these things without my left eye becoming painful. Fortunately, there is no scarring in the eye. but i am left with this condition (dry-eye) for the rest of my life - there is no cure. in my case, the opthomologist believes the nerves that feed nutrition and lubricates the eye have been damaged. Unfortunately you cannot see nerve damage, only the symptoms. the doctor also said there are scratches in the lower part of the left eye, that could very well be there on account of the nerve damage.
is there any recourse other than worker's compensation for gross negligence on part of the hospital as well as this employee?
I am crippled for life. the only way to alleviate the symptoms is to use eye-drops 3-4 times a day for the rest of my life. i also have a very hard time applying makeup to that one eye - since it weeps constantly. It has made me very self conscious, and feeling negative about my appearance which has affected my entire outlook.

Tahnk you
 


I AM ALWAYS LIABLE

Senior Member
My response:

Since this happened during working hours, your only recourse is through Worker's Compensation. You cannot sue the other employee for this reason either.

I hope you have an attorney handling this matter.

IAAL
 

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