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 7 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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