What are my rights if I got burned from a oxygen tank blew up in my workplace?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my rights if I got burned from a oxygen tank blew up in my workplace?

A friend of mine got 1st, 2nd and in some spots, 3rd degree burns on his arms, neck and chest. He’s on workman comp but he is afraid that when he gets better and goes back to work the thought of that might happen again. Can he sue for mental anguish or something?

Asked on August 30, 2013 under Personal Injury, Arkansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I suggest that you consult with a worker's compensation attorney who has experience in perosnal injury matters as well where the manufacturer of the oxygen tank could be a target defendant. Emotional distress would be part of the damages. I also suggest a complaint with occupational health to look into the cause of the incident.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

While it's probably worthwhile for your friend to discuss the situation in depth with a personanl injury attorney, since every case has its own complexities and unique issues, as a general matter, no--your friend could not sue his employer for two reasons:

1) First and most importantly, Worker's Compensation, when an employee receives it for a work- or workplace-related injury, is generally the only recourse against the employer; the employee gives up the right to sue in accepting the Worker's Compensation. The trade off is that while he cannot sue, he receives compensation without the cost, delay, and uncertainty of litigation.

2) Generally, there is no recovery for mental anguish when the accident is the result of simple negligence, or carelessness; there usually has to be something more, like gross recklessness or an intention to cause injury/suffering, to support this sort of compensation. It is unlikely that the necessary bad motive or recklessness exists here--cases like this typically turn on simple negligence.

However, it may be possible to sue the oxygen tank manufacturer, if there was anything defective in its design and/or manufacture, for losses or injuries which exceed the amount of Worker's Compensation he's receiving; this is something it would be worthwhile to discuss with the personal injury attorney.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption