Chemical burns at work

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Chemical burns at work

I received second degree burns on my feet when someone at my work switched out the floor cleaner

for oven cleaner. I was hospitalized for 4 days and off work for 4 months. I was paid workers’ compensation during this time. It’s been 3 years and I no longer work for that employer but I still have

pain and scars on my feet. Do I have a case for pain and suffering?

Asked on January 10, 2017 under Personal Injury, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You most likely cannot sue the employer.
1) You accepted worker's compensation: when you take worker's comp, you give up the right to sue your employer. That is the tradeoff: you get the compensation faster, easier, and without suing, but lose the right to sue for more. You could have potentially opted out of worker's comp and sued instead, but did not.
2) The statute of limitations, or time within which you must sue, in your state for a personal injury is only three years; you may be out of time to sue, too, even if the worker's comp was not an issue.


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