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Co2 Exposure claim direction

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ileyentihw

Junior Member
What is the name of your state (only U.S. law)? Ohio

I was recently working in an enclosed beer cooler in a restaurant that had been leaking co2 over night. Long story short, I was in the cooler for 2 minutes before I exited gasping for air and suffering severe effects of asphyxiation. I made my manager aware I thought something was wrong but he already knew about the problem. I questioned him why he wouldn't lock the cooler or warn me or even call someone to fix it and he told me to stop being a baby because I didnt die. All day long my coworkers checked on me because I was a mess and later the problem got so back that the soda fountain machine lines bust from co2 pressure issues. When I left work I still felt like I couldn't breath but when I shut myself in my car I suffered a massive panic attack in the enclosed area. The attack was so bad I was taken to the ER and had EKGs ran to ensure I wasn't having a heart attack. I was sedated and released, and returned a day and a half later when I had calmed down and could express I had been in an accident. I was given an irritated lung diagnosis and recommended stress management counseling. I missed my shift at work over this. The manager that didnt take my injury serious in the first place was who I was to report to but I didnt feel comfortable telling him so I called their HR but the woman scoffed at me and said she "would see about my story" because he never advised anyone including the other managers in the store that there was a leak and that I had an accident. Still after calling HR I wasn't offered an apology or medical attention nor did anyone even ask if I was ok. He tried to hide it.
I see the counselor under my personal insurance and she gave me a panic disorder diagnosis and since then my health has snowballed. I can't get a doctor to follow up with me on my heart of lungs because the accident was work related. I continue to fall into panic attacks when my breathing is compromised and it seems the slightest bit of exertion will have me out of breath, I have nightmares and twitch all night with feelings of needles pricking my feet. Every morning I wake up exhausted from sleeplessness and I am trembling. I am so sensitive that a cup of black coffee will send me into a days on end attack. I am an absolute mess, its become crippling.

Ive contacted a billboard attorney and they helped me file a claim with the BWC and I got a letter saying it was accepted but I want to know what happens next? Is this more than workers comp? And any suggestions on how to get medical follow up? I feel so wronged and that this couldve been avoided. I have plenty of witness and security footage to show how I was effected but I want to make sure I have all of my bases covered.
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Ohio

I was recently working in an enclosed beer cooler in a restaurant that had been leaking co2 over night. Long story short, I was in the cooler for 2 minutes before I exited gasping for air and suffering severe effects of asphyxiation. I made my manager aware I thought something was wrong but he already knew about the problem. I questioned him why he wouldn't lock the cooler or warn me or even call someone to fix it and he told me to stop being a baby because I didnt die. All day long my coworkers checked on me because I was a mess and later the problem got so back that the soda fountain machine lines bust from co2 pressure issues. When I left work I still felt like I couldn't breath but when I shut myself in my car I suffered a massive panic attack in the enclosed area. The attack was so bad I was taken to the ER and had EKGs ran to ensure I wasn't having a heart attack. I was sedated and released, and returned a day and a half later when I had calmed down and could express I had been in an accident. I was given an irritated lung diagnosis and recommended stress management counseling. I missed my shift at work over this. The manager that didnt take my injury serious in the first place was who I was to report to but I didnt feel comfortable telling him so I called their HR but the woman scoffed at me and said she "would see about my story" because he never advised anyone including the other managers in the store that there was a leak and that I had an accident. Still after calling HR I wasn't offered an apology or medical attention nor did anyone even ask if I was ok. He tried to hide it.
I see the counselor under my personal insurance and she gave me a panic disorder diagnosis and since then my health has snowballed. I can't get a doctor to follow up with me on my heart of lungs because the accident was work related. I continue to fall into panic attacks when my breathing is compromised and it seems the slightest bit of exertion will have me out of breath, I have nightmares and twitch all night with feelings of needles pricking my feet. Every morning I wake up exhausted from sleeplessness and I am trembling. I am so sensitive that a cup of black coffee will send me into a days on end attack. I am an absolute mess, its become crippling.

Ive contacted a billboard attorney and they helped me file a claim with the BWC and I got a letter saying it was accepted but I want to know what happens next? Is this more than workers comp? And any suggestions on how to get medical follow up? I feel so wronged and that this couldve been avoided. I have plenty of witness and security footage to show how I was effected but I want to make sure I have all of my bases covered.
Your questions should be addressed to your "billboard attorney." Your attorney has access to necessary facts.

If you still need medical attention, however, you should continue to get it.

Here is a link to the Ohio BWC with information on claims: https://www.bwc.ohio.gov/basics/guidedtour/generalinfo/injuredworker(FAQ).asp

And here is a link on carbon dioxide exposure in the workplace. It is a fact sheet published by New Jersey but it has good information for you in Ohio: http://nj.gov/health/eoh/rtkweb/documents/fs/0343.pdf

I hope your recovery is fast and complete. Good luck.
 
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