Do we have any legal recourse if my 17 year old son got grease splashed in his eye at work?

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Do we have any legal recourse if my 17 year old son got grease splashed in his eye at work?

When they asked he said he was OK to continue his shift which lasted another 2 hours. By the time he got home his eye was bad enough we took him to the emergency room as it was 10 pm and this was the only thing open. The ER doctor said he had burns on his eye. Now his work is refusing to turn this in to workman’s compensation because he finished his shift. Do I have any legal recourse here?

Asked on May 17, 2015 under Personal Injury, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) Your son can appeal his job's decisions about worker's compensation to the worker's compensation board--he does not have to take the workplace's decision as final. If he was injured during his shift, he may well be entitled to worker's comp even if he later finished his shift.

2) As an alternative, IF the splash happened due to employer fault (e.g. lack of safety equipment; badly maintained frier; bad procedures), he may be able to sue the employer if he does not receive worker's compensation.


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