2nd/3rd degree burns

[kallen32]

I was working as an Individual Care Provider
and my back was hurting from lifting my client. My Clients husband said he wanted to put a zip lock baggy full of warmed water on my back, but instead he put boiling water in it and placed it on my back when i was lying face down on the couch. It immediately burst and gave me 2nd and 3rd degree burns across my lower back and stomach. I went through a lot of pain suffering, and treatments. and my med bills are over $2000. i was denied workers comp because i was and independent care giver. Do I have any kind of case against him?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by kallen32:
I was working as an Individual Care Provider
and my back was hurting from lifting my client. My Clients husband said he wanted to put a zip lock baggy full of warmed water on my back, but instead he put boiling water in it and placed it on my back when i was lying face down on the couch. It immediately burst and gave me 2nd and 3rd degree burns across my lower back and stomach. I went through a lot of pain suffering, and treatments. and my med bills are over $2000. i was denied workers comp because i was and independent care giver. Do I have any kind of case against him?<HR></BLOCKQUOTE>


My response:

Please correct me if I'm wrong, but it is my information that 3rd degree burns consist of "charring" of the flesh; that is, blackened and dead flesh; i.e., right down to our base chemical makeup, which is Carbon. Whereas, 1st degree burns consist of reddening of the skin, as from a sunburn, and 2nd degree burns which consist of reddening and blistering of the skin. I don't believe that water, at any temperature, can cause "charring" of flesh.

Despite the above, if this happened in your client's home, you would have a claim against his homeowner's insurance and, if they refuse to pay under the medical portion of his policy, then you may wish to consider Small Claims Court to recoup your expenses under the theory of Negligence.

IAAL


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[This message has been edited by I AM ALWAYS LIABLE (edited August 05, 2000).]