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?
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.
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: Worker 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.
Best of luck with your claim,
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