Visitor Question

Tooth Injury at Work…

Submitted By: Sandra (Virginia Beach)

I was working and my tooth broke from something hitting me in the face. I don’t really remember what it was. My boss offered me some over the counter pain relievers and said if the pain increases I could go home. Five minute later I went home.

The incident was dropped and never mentioned again. Then about 4 months later the rest of the tooth came out and I had surgery to remove it. Should I say something about it or file anything? I think they are gonna fire me.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Sandra,

It all depends. You mentioned the injury at the time it happened. That’s in your favor. Your boss obviously understood the pain you suffered.

Ask the dentist if she can relate the dental surgery to the previous work related injury. If she can document that for you it will help to convince your boss or management to compensate you for the dental surgery, your reasonable out of pocket expenses, including, but not limited to, prescription and over the counter medications, and the lost wages you may have incurred for the time you have to take off for the dental surgery.

You really can’t expect your employer to pay much else. This wasn’t a serious injury, and there isn’t evidence the employer acted negligently or purposely.

Hopefully your employer will agree to compensate you. If not you can consider legal action, although if you do you may want to weigh the consequences of your decision vis a vis your employment status.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 30, 2011

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