I am wondering if I have a case. About a year ago I had an accident at work. I went up to a cream tank that was pressurized and at the time not labeled at all. Not knowing it was under pressure I unscrewed a 3′ cap to look inside and it blew off, hitting me in the head knocking me out for a minute. I needed 911 assistance and stitching at the ER.
I now have a noticeable scar about an inch or so above my eye and permanent nerve damage. My scar area hurts really bad anytime my kids touch my forehead. I don’t believe my work place ever filed a workers comp case on it because we were a new company just getting up and running.
I don’t want to lose my job therefore I never pursued any action or compensation over fear of losing my job. I still don’t want to risk losing my job so I don’t know if I can go through with any action if it will put me at risk. What do you think?
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Answer
Dear Greg,
First and foremost, you CANNOT lose your job for filing a workers compensation claim.
A retaliatory termination is strictly against the law and employers can be held liable for punitive damages if they do so, so put this fear out of your mind.
Accidents that happen on the job and within the scope of employment are absolutely workers compensation claims.
You were at work and, from the sounds of things, performing a task that is within the scope of your employment. As a workers compensation claim, your medical expenses would be covered and you would be entitled to a settlement based upon your percentage of disability.
Things such as nerve damage and permanent scarring are important factors in determining what your injury is worth. Again, please do not be afraid of filing a workers compensation claim.
Learn more here: Permanent Partial Disability Claims
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 888-972-0892.
We wish you the best with your claim,
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My husband just went to comp court. He has a facial scar from the bottom of his nose to his lip. The insurance only wanted to give him $3,500 and his lawyer advised him to take it because if he left it up to the judge he could possibly only get $100.
I think that was not very fair. He deals with the public every day. I told him to take a chance and let the judge decide, but he decided to take the offer instead. I would have gone to court.
Now he’s stuck with a scar on his face and only got $3,500, and after lawyers fees are taken out it’s much less. I think it’s very unfair.