I was lighting a woodstove with paint thinner that my boss made us use and it was starving for air because the flu was smaller then the exhaust coming out so it caused a fire and I went up in flames burning my whole rt side 3rd degree burns and 2nd on face. I do not think its legal to have a woodburning stove in a bodyshop where we are spraying primer and paint. Also my boss tried putting me put but made it worse by fanning a shirt on me. I then ran to the paint shop to the hose a put myself out. He then refused to call 911. Had the Secretary take me to an ambulance down the road. Where I then had to wait for the fire department to show up there all because he didn't want a scene. Can I sue for anything other then workers comp. I'm left w all these scars and cannot work around dust which is what I do for a living painting cars.
2 Answers from Attorneys
The workers' comp law will take any permanent injury, like your scarring, into account when evaluating a permanent disability award. If your ability to work in your field has been compromised by this event, you could seek retraining at the expense of the compensation carrier so that you can work in a field compatible with your health restrictions. Despite the attenuating circumstances you presented from the immediate aftermath of the incident, it would be difficult to maintain a separate action outside the workers' comp arena.
You have a workman compensation claim. Whether you have another course of recovery is not a predominant issue at this point. Most important is that you contact an attorney to move forward in a timely manner. If you fail to take certain actions within the required time frame then your workman compensation claim will be barred. There is are two basic notice requirements, one at 10 days and the other at 60 days.
There are four basic classifications of disability: Temporary Total Disability, Permanent Total Disability, Temporary Partial Disability, and Permanent Partial Disability. Each of these classes relates to the amount of compensation you can receive. Your injury will need to be evaluated and represented to ensure you receive the maximum compensation.
Do not delay with contacting an attorney.