Can I sue my employer for modifying spray foam tanks without protection and cause work injury to me and foreman? 15 Answers as of November 15, 2013

I will now have asthma for the rest of my life from it and foreman still out of work. So can I sue employer for negligence because they modified the tanks without protection and was waiting for someone or/ something get hurt or/ died?

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Candiano Law Office
Candiano Law Office | Charles J. Candiano
You have a Workers' Compensation Claim. Find an experienced Workers' Compensation attorney on Law QA. Attorneys on Law QA want to help you but they are NOT permitted to solicit your business. YOU must contact them.
Answer Applies to: Illinois
Replied: 11/15/2013
Law Ofices of Edwin K. Niles | Edwin K. Niles
You have, potentially, two claims: Workers comp and negligence. See a personal injury lawyer ASAP.
Answer Applies to: California
Replied: 11/12/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
No, worker's compensation is your only remedy. Now if you were in independent contractor, you could sue them. Also, if the work was performed by somebody else, you may be able to sue that entity. Talk with a local personal injury attorney about all of the issues.
Answer Applies to: Idaho
Replied: 11/12/2013
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
Worker's comp covers medical expenses and time out of work. You cannot sue your employer for negligence (even if you can prove that they were negligent) and damages for "pain and suffering" is not available. If you have a permanent injury, you may be able to get a "schedule award" which is based on a formula depending on the extent of your disability and your rate of pay, offset by payments that you have already received.
Answer Applies to: New York
Replied: 11/12/2013
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
No. you can file a worker comp claim and should. Can you prove causation with the doctor
Answer Applies to: North Carolina
Replied: 11/12/2013
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Workers compensation only.
    Answer Applies to: Michigan
    Replied: 11/12/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    You cannot sue for negligence as workers compensation is your exclusive remedy against your employer for accidents at work. You can file a workers compensation claim.
    Answer Applies to: South Carolina
    Replied: 11/12/2013
    Pete Leehey Law Firm, P.C.
    Pete Leehey Law Firm, P.C. | Pete Leehey
    You describe a workers' compensation case. You may have a claim outside workers' compensation as well. You should run the detailed set of facts past an experienced workers' compensation lawyer.
    Answer Applies to: Iowa
    Replied: 11/12/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Your exclusive remedy against your employer for an on the job injury is for comp benefits with a few very limited exceptions in Alabama. There is a remote possibility you might fall within one of those exceptions, but you don't give enough facts here to tell. Seriously consider consulting an experienced worker's comp lawyer who is familiar with these limited exceptions.
    Answer Applies to: Alabama
    Replied: 11/12/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    See an attorney, you and the foreman certainly have a worker's comp issues, and perhaps additional causes of action.
    Answer Applies to: Michigan
    Replied: 11/12/2013
    LAW OFFICES OF ARMAN MOHEBAN | ARMAN MOHEBAN
    You need to file a claim for worker's compensation benefits that cover temporary disability benefits , ongoing medical treatment and a settlement for permanent disability and future medical care.
    Answer Applies to: California
    Replied: 11/12/2013
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    The answer to your question requires proof of causation between the asthma and the chemicals being use to add foam to the tanks. Just saying it is true doesn't make it true and the courts will not assume a causal connection with just a temporal relationship. In other words the timing of spraying and developing asthma aren't proof of the condition being related. You need to obtain certain information from the spray tanks and your employer. Take your cell phone camera to work and photograph all the labels on the tanks, especially the ones showing the chemicals. Second ask your employer for the MSDS or material safety data sheets. These are required by OSHA and OSHA regulations require the employer to provide them to workers who may be affected by the chemicals being used in the work process. If you are unsure of what I'm referring to look up Wikipedia and then do a search for material safety data sheets. Here is what is on Wikipedia. A material safety data sheet (MSDS), safety data sheet (SDS),_[1]_ (http://en.wikipedia.org/wiki/Material_safety_data_sheet#cite_note-1) or product safety data sheet (PSDS) is an important component of _product stewardship_ (http://en.wikipedia.org/wiki/Product_stewardship) and _occupational safety and health_ (http://en.wikipedia.org/wiki/Occupational_safety_and_health) . It is intended to provide workers and emergency personnel with procedures for handling or working with that substance in a safe manner, and includes information such as physical data (_melting point_ (http://en.wikipedia.org/wiki/Melting_point) , _boiling point_ (http://en.wikipedia.org/wiki/Boiling_point) , _flash point_ (http://en.wikipedia.org/wiki/Flash_point) , etc.), _toxicity_ (http://en.wikipedia.org/wiki/Toxicity) , _health effects_ (http://en.wikipedia.org/wiki/Health_effect) , _first aid_ (http://en.wikipedia.org/wiki/First_aid) , _reactivity_ (http://en.wikipedia.org/wiki/Reactivity_(chemistry)) , storage, disposal, protective equipment, and spill-handling procedures. MSDS formats can vary from source to source within a country depending on national requirements. SDSs are a widely done system for cataloging information on _chemicals_ (http://en.wikipedia.org/wiki/Chemical) , _chemical compounds_ (http://en.wikipedia.org/wiki/Chemical_compound) , and chemical _mixtures_ (http://en.wikipedia.org/wiki/Mixture) . SDS information may include instructions for the safe use and potential _hazards_ (http://en.wikipedia.org/wiki/Worker_safety_and_health) associated with a particular material or product. These _data sheets_ (http://en.wikipedia.org/wiki/Data_sheet) can be found anywhere where chemicals are being used. There is also a duty to properly label substances on the basis of physico-chemical, health and/or environmental risk. Labels can include hazard symbols such as the _European Union standard_ (http://en.wikipedia.org/wiki/Chemical_hazard_label#Chemical_hazard) black diagonal cross on an orange background, used to denote a harmful substance. An SDS for a substance is not primarily intended for use by the general consumer, focusing instead on the hazards of working with the material in an occupational setting. In some jurisdictions, the SDS is required to state the chemical's risks, safety, and effect on the environment. It is important to use an SDS specific to both country and supplier, as the same product (e.g. paints sold under identical brand names by the same company) can have different formulations in different countries. The formulation and hazard of a product using a generic name (e.g. _sugar soap_ (http://en.wikipedia.org/wiki/Sugar_soap) ) may vary between manufacturers in the same country.
    Answer Applies to: Iowa
    Replied: 11/12/2013
    Robert C. Slim - Attorney at Law
    Robert C. Slim - Attorney at Law | Robert C. Slim
    Was your employer a "subscriber" to the Texas Workers Compensation Act? If so, then your benefits are limited to the benefits outlines in the Act. If you employer was a "nonsubscriber" then you would have an ordinary common claim, but you would have to prove that your employer was negligent. Sounds like your employer might be negligent given the version of events you described. Was there an incident report? Was there any investigation from OSHA, EPA, or anything like that? You might want to make a simple phone call and take advantage of a free legal consultation.
    Answer Applies to: Texas
    Replied: 11/12/2013
    Doroshow, Pasquale, Krawitz & Bhaya | Donald E. Marston
    The Delaware Workers Compensation Law prevents lawsuits against Employers, except in rare circumstances. I would need to know more information before telling you more.
    Answer Applies to: Delaware
    Replied: 11/12/2013
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