Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I am working for a temp agency at a factory/warehouse producing beverages. I am using chemicals that I should not be using for the reason that I am working for the agency, not for the warehouse, and by law only employees hired by the company can use them. I just realized that I was working with chemicals today. When I told my agency about this, they were very surprised, and immediately called the warehouse demanding explanation. My warehouse boss freaked out and moved me to a different place where I don't work with the chemicals any more. My fellow colleagues from work told me I should sue the company for being exposed to those chemicals. I have a burned foot, and problems inhaling air. How much is it important what will the doctor say? I want to sue the warehouse. What are my chances?
If you seek medical care for the burn, you most likely be covered under workman's compensation. But workman's comp only covers medical bills.
I think your chances of winning a lawsuit for damages are miniscule. For starters, you have to prove the link between the factory owner and your symptoms. The burn may be relatively easy to prove but respiratory illness is much much harder to prove. You would need a body of scientific evidence, largely undisputed, establishing the chemicals as the cause of certain symptoms. Then you would need to prove that the symptoms you are experiencing are caused by these symptoms and not by any other influence in your life. Then you would need to prove that you have been significantly harmed by the exposure and the symptoms--that there is lasting or lingering effect that is detrimental to your life.
And then you would need to prove that the factory owner was negligent in allowing exposing you. You would need to prove that their actions demonstrated willful and deliberate intent to cause injury or allow an injury to happen, and that they did not take necessary or reasonable measures to prevent exposure or injury.
And the fact that the manager removed you immediately from the factory floor the instant he heard about the situation pretty much disproves this last paragraph.
The manager took immediate action when he found out you had been working under inappropriate conditions. Plus, it doesn't sound like you reported the injuries at the time they occurred, your claim of a burned foot is coming after the fact, and that makes the claim extremely dubious.
My boss wanted me to work with those chemicals since I started working. Until today, when I made a phone call to the agency, he never said or acted in a way that would show that he does not wishes me to work with the chemicals. That is true, I did not report my burned foot, as I was afraid to lose my job. Again, I did not know I was working with chemicals. Does the time of the injury report really mattter? If so, why couldn't I report that I got them say yesterday. I still have the scars on my foot. I was used by my boss who thought he could take advantage of a poor-english speaking immigrant. What are my chances?
You can sue for anyhting but proving it is a result is pretty hard especailly in a non-class action suit. Its likely you would need other that work with the chemcial and are efected to get anyhwere with the suit IMO.
My boss wanted me to work with those chemicals since I started working. Until today, when I made a phone call to the agency, he never said or acted in a way that would show that he does not wishes me to work with the chemicals. That is true, I did not report my burned foot, as I was afraid to lose my job. Again, I did not know I was working with chemicals. Does the time of the injury report really mattter? If so, why couldn't I report that I got them say yesterday. I still have the scars on my foot. I was used by my boss who thought he could take advantage of a poor-english speaking immigrant. What are my chances?9
Still miniscule. None of your statements change what I outlined above. Winning a lawsuit isn't as easy as it looks like on tv.
My boss wanted me to work with those chemicals since I started working. Until today, when I made a phone call to the agency, he never said or acted in a way that would show that he does not wishes me to work with the chemicals. That is true, I did not report my burned foot, as I was afraid to lose my job. Again, I did not know I was working with chemicals. Does the time of the injury report really mattter? If so, why couldn't I report that I got them say yesterday. I still have the scars on my foot. I was used by my boss who thought he could take advantage of a poor-english speaking immigrant. What are my chances?
What did you think you were working with? but you know about the law that says you should not be using the chemicals as a temp? "...he never said or acted in a way that would show that he does not wishes me to work with the chemicals..." Excuse me - you were moved immediately to a different area.
A burned foot? How? From what? Inhalation problems-what does that mean? Do you smoke? Live with someone who does?
Sounds like a scam to me.
My boss wanted me to work with those chemicals since I started working. Until today, when I made a phone call to the agency, he never said or acted in a way that would show that he does not wishes me to work with the chemicals. That is true, I did not report my burned foot, as I was afraid to lose my job. Again, I did not know I was working with chemicals. Does the time of the injury report really mattter? If so, why couldn't I report that I got them say yesterday. I still have the scars on my foot. I was used by my boss who thought he could take advantage of a poor-english speaking immigrant. What are my chances?
Go for it.
You'll probably win since you are a poor-english speaking immigrant and it's obvious they didn't expect you to read and understand MSDA sheets, or understand safety procedures.
I see a lot of this lately, people who speak little English handling very hazardous chemicals even pesticides and no use of masks or proper clothing.
My boss wanted me to work with those chemicals since I started working. Until today, when I made a phone call to the agency, he never said or acted in a way that would show that he does not wishes me to work with the chemicals. That is true, I did not report my burned foot, as I was afraid to lose my job. Again, I did not know I was working with chemicals. Does the time of the injury report really mattter? If so, why couldn't I report that I got them say yesterday. I still have the scars on my foot. I was used by my boss who thought he could take advantage of a poor-english speaking immigrant. What are my chances?
If you have dual US-Irish citizenship don't you speak English? Read some of your previous threads, if you're in Florida then here's the info website for Florida's workers' compensation: Florida Division of Workers' Compensation - Injured Employee And if you're working with chemicals that are caustic and-or irritants, they have procedures in place for handling those chemicals safely. A lawsuit would most likely be difficult to win since there could be any number of mitigating factors for respiratory ailment.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
What did you think you were working with? but you know about the law that says you should not be using the chemicals as a temp? "...he never said or acted in a way that would show that he does not wishes me to work with the chemicals..." Excuse me - you were moved immediately to a different area. 
