Does my employer have to pay for serious burns I have from working? 41 Answers as of February 20, 2012

I work in an industrial kitchen for a large restaurant franchise. The fryer was on an uneven surface. The oil spilled over onto me while I was walking by, and now I have second degree burns. Does only workers comp insurance take care of this?

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The Law Office of Josh Lamborn, P.C.
The Law Office of Josh Lamborn, P.C. | Josh Lamborn
If you are injured on the job workers compensation insurance covers your loss. You are not able to sue your employer. If a third party bears responsibility you may sue that third party.
Answer Applies to: Oregon
Replied: 8/2/2011
The Lucky Law Firm, PLC
The Lucky Law Firm, PLC | Robert Morrison Lucky
Yes, it sounds as though this is a workers compensation only situation. You may still want to talk with an attorney to help further decide if there may be some fault on a third party - i.e., someone other than your employer or co-worker.
Answer Applies to: Louisiana
Replied: 8/2/2011
The Law Firm of Shawn M. Murray
The Law Firm of Shawn M. Murray | Shawn M. Murray
Yes, workers' compensation should provide coverage for your injuries, and you may be entitled to compensation for permanent scarring if you have any.
Answer Applies to: Louisiana
Replied: 8/1/2011
Law Offices of Earl K. Straight
Law Offices of Earl K. Straight | Earl K. Straight
If your employer carries workers compensation insurance then you would need to pursue your claim through the workers compensation system. If your employer does not carry workers compensation insurance, you can make a claim directly against your employer for negligence, including the filing of a lawsuit if necessary.
Answer Applies to: Texas
Replied: 8/1/2011
Law Offices of Tom Patton
Law Offices of Tom Patton | Thomas C. Patton
Yes, your workers comp should cover your injuries - and any on-the-job injuries for that matter, even if you were at fault.
Answer Applies to: Oregon
Replied: 8/1/2011
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Yes. It should be covered. Even if you don't miss time, your medical expenses should be covered 100%. If the employer refuses to help you file a claim, call the Montana State Dept of Labor in Helena and tell them.
    Answer Applies to: Montana
    Replied: 8/1/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. It sounds like Workers Compensation is your only remedy. If there was a defect in the fryer then you might have a products liability claim against the manufacturer and distributor.
    Answer Applies to: New York
    Replied: 8/1/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    You should talk to a personal injury/workers' compensation lawyer in your area. Most will meet with you and discuss your case for free. There are exceptions to workers' compensation immunity (e.g., gross negligence by the employer, a third party claim against whomever installed the fryer improperly), and a lawyer can help you determine your options under your specific set of facts.
    Answer Applies to: Florida
    Replied: 2/20/2012
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    Worker's compensation should cover your injuries if you timely notify the local state agency and process a claim.
    Answer Applies to: Indiana
    Replied: 7/31/2011
    A. Daniel Woska & Associates, P.C.
    A. Daniel Woska & Associates, P.C. | Dan Woska
    Oklahoma law requires business owners to carry workman's compensation insurance to cover accidents, injuries and death related to the work place. By carrying this coverage the business itself, as well as its owner, cannot be sued personally for the injuries you sustained.. If there is no workman's compensation insure at your place of work, meet with an attorney familiar with Oklahoma employment law and workman's compensation law immediately to verify the lack of coverage and your alternatives. "Direct threats require decisive action."
    Answer Applies to: Oklahoma
    Replied: 7/31/2011
    Painter Law Firm PLLC
    Painter Law Firm PLLC | Robert Painter
    If your employer has workers' compensation insurance, the situation you described should be covered by the policy.
    Answer Applies to: Texas
    Replied: 7/30/2011
    Holzer Edwards
    Holzer Edwards | Kurt Holzer
    Yes. This is only a workers compensation case
    Answer Applies to: Idaho
    Replied: 7/30/2011
    Allen Murphy Law
    Allen Murphy Law | W. Riley Allen
    Yes, it does. You need a work comp atty.
    Answer Applies to: Florida
    Replied: 7/30/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    Absolutely! You should immediately report this to your supervisor and ask for treatment. If they refuse to send you for treatment, you should go to your own doctor and get treatment. Then file a worker's compensation claim. If you have any further questions, please feel free to contact my office.
    Answer Applies to: Missouri
    Replied: 5/3/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    Yes, the only recovery is from workers compensation unless there is a question of some product having failed or another, third party being at fault for the accident.
    Answer Applies to: Alabama
    Replied: 5/3/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    In Alabama, most likely, yes. However, there are some exceptions. If a safety guard was removed from the fryer, you may have a direct action against the employer. If the fryer was dangerously defective, you may have a product liability claim. You certainly need to have your case reviewed by counsel. Stay well.
    Answer Applies to: Alabama
    Replied: 4/28/2011
    Allegretti & Associates
    Allegretti & Associates | James L. Allegretti
    Workers comp does indeed cover you for the burns and for any disfigurement, wage loss and medical bills resulting from the burns. You cannot sue your employer directly.
    Answer Applies to: Illinois
    Replied: 4/27/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    While workers comp may cover the injury itself, there may also be negligence on the part of the employer or the company that installed the fryer. It would be worth it to you to consult with a negligence attorney to review the facts with him/her to determine whether you have a law suit available to you that is worth considering. If a law suit is available, then it would compensate you for your pain and suffering as well as any permanent scarring from which you suffer. Speak to an attorney right away.
    Answer Applies to: New York
    Replied: 4/27/2011
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    So sorry to hear about your injuries. If the employer has worker's compensation coverage, your only remedy against the employer is a worker's compensation claim. However, you may have a claim against the product manufacturer if the fryer is poorly designed, etc. I have a similar case going on right now.
    Answer Applies to: Oregon
    Replied: 4/27/2011
    Ramunno & Ramunno, P.A.
    Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
    You have a workman's compensation claim that pays for various aspects of your injuries, and also, your lost wages and medical expenses. If you can blame a 3rd party, or in other words, it was not your employer's fault or fellow employees, then you could bring 3rd party claim. But you need to discuss all of this with a attorney who handles personal injury claims.
    Answer Applies to: Delaware
    Replied: 4/27/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    This is a workers compensation claim and must be pursued as such. If you wish to discuss further you can contact our firm.
    Answer Applies to: Connecticut
    Replied: 4/27/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    Workers comp is your only remedy against the employer.
    Answer Applies to: South Carolina
    Replied: 4/28/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Workers comp is your only remedy with a job related injury.
    Answer Applies to: North Carolina
    Replied: 4/28/2011
    The Law Offices of Benjamin C. Tiller, Esq.
    The Law Offices of Benjamin C. Tiller, Esq. | Benjamin Tiller
    Generally speaking, Workers' Compensation is the "exclusive remedy" for workplace injuries. You need to be very careful with the WC insurer to make sure they are paying you everything you are entitled to under your state's laws. They generally won't pay in full until you kindly point out to them that they haven't.
    Answer Applies to: Montana
    Replied: 4/28/2011
    Wilson & Hajek, LLC
    Wilson & Hajek, LLC | Eddie W. Wilson
    Yes, unless there was a defective product.
    Answer Applies to: Virginia
    Replied: 4/28/2011
    Law Offices of Joseph I. Lipsky, P.A.
    Law Offices of Joseph I. Lipsky, P.A. | Joseph Lipsky
    Sorry to hear of your injury. If you were injured while working and due to the negligence/actions of a co-worker, then you are limited to the Florida workers compensation system. However, you have rights beyond those which the insurance company may have explained to you. As such, we strongly suggest you contact an attorney to explore those rights.
    Answer Applies to: Florida
    Replied: 4/28/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Yes, in Florida, as in most states, your exclusive remedy is workers' compensation. There are exceptions (such as an intentional act by the employer, or gross negligence where harm is relatively certain to occur) to the general rule, but it won't hurt you to contact a workers compensation lawyer and explain the circumstances to that lawyer.
    Answer Applies to: Florida
    Replied: 4/28/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    This injury is covered by workers comp unless the product was unsafe. Injuries while working on most likely covered only by worker's comp. There is a different schedule for scarring in PA if your skin does not heal. In talking to the carrier you should take this into account. We can help in this process if need be.
    Answer Applies to: Pennsylvania
    Replied: 4/28/2011
    David B. Sacks, P.A.
    David B. Sacks, P.A. | David Sacks
    If there are more than four employees working, including managers, supervisors, and so forth, an employer must have workers' compensation insurance and is liable for any injury on the job suffered by an employee.
    Answer Applies to: Florida
    Replied: 4/28/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Workers comp is the mechanism in place to handle injuries in the workplace. There are few exceptions to get around this. You may want to speak with a personal injury attorney in the event a claim can be made against the manufacturer of the fryer which would be outside of the WC arena.
    Answer Applies to: California
    Replied: 4/28/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Yes. It is solely a workman compensation case.
    Answer Applies to: Alabama
    Replied: 4/27/2011
    Tenge Law Firm, LLC
    Tenge Law Firm, LLC | J. Todd Tenge
    Yes, that would typically be handled in a workers comp case.
    Answer Applies to: Colorado
    Replied: 4/27/2011
    Garruto & Calabria, LLC
    Garruto & Calabria, LLC | Andrew F. Garruto
    I'm licensed only in New Jersey, and can only comment based assuming that New Jersey law applies. If you are not in New Jersey, contact a lawyer in your state. Yes, if you're injured while working, the employer [its workers compensation insurance company] is responsible for your 1) medical benefits, 2) temporary disability benefits, and 3) permanent injury compensation. More information is needed to comment whether there are other claims to be made, so I reiterate to you to contact a lawyer in your state.
    Answer Applies to: New Jersey
    Replied: 4/27/2011
    Law Offices of Timothy G. Kearney, LLC
    Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
    You should report the injury to your employer as WC should cover this. If you need additional assistance please feel free to contact me.
    Answer Applies to: Connecticut
    Replied: 4/27/2011
    Premier Law Group
    Premier Law Group | Jason Epstein
    Yes, in Washington state your only remedy is through workers comp. There are some exceptions to that general rule, but not many.
    Answer Applies to: Washington
    Replied: 4/27/2011
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