My son got second degree burns at work when his clothes caught on fire. He needed two surgeries and he still has a lot of pain in his back. After the incident when my son was burned his employers bought the safer work shirts that the employees should have been wearing. The employees previously had to wear their own clothes because the company didn’t want to spend the money on proper uniforms.
I’m wondering if there is a case against the company for willful negligence since they did not have the proper safety clothing for their workers? Should we get an attorney? Thanks.
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.
From the facts you present it appears your son has a strong case against his employer. If though, your son’s employer carried workers compensation insurance, negligence may not be an issue.
Workers compensation insurance covers work related injuries. Under normal circumstances negligence wouldn’t be an issue, but if the circumstances under which your son was injured were a result of “gross negligence”, your son may be able to recover substantially more than just his normal workers compensation benefits.
There are workers comp and personal injury cases which sometimes don’t require the assistance of a workers compensation or personal injury attorney. This isn’t one of them.
Contact several workmans comp personal injury attorneys. Most will not charge any fee for an initial office consultation. If you decide to retain an attorney you (and your son) will not have to pay any legal fees until, and unless the attorney settles your son’s case satisfactorily, or until your attorney prevails after a jury trial.
Prior to contacting the attorneys, compile copies of all of your son’s medical records. To do so may require your son to sign medical releases. You want every medical document from his initial admittance until his discharge. In addition, you want copies of any of the records from the current doctors.
Make sure your son doesn’t speak to any representatives of his employer’s insurance company, and especially make sure he doesn’t sign any documents which might be submitted to him either from his employer or his employers insurance company. You and your son need specific legal advice from a local licensed attorney. Seek it as soon as you are able.
Learn more here: Unsafe Work Practices and OSHA Violations
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!
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