My husband is currently working at a bakery. They have a standard commercial 3-bend sink. They also have an old dishwasher that can wash 8 (48x60) pan at a 3-5 minute interval. The supervisor requires him to wash these pans BY HAND in this 3-bend sink. Manually, he washes 300-400 pan per day using degreaser, bleach & dish soap. Mind you this is a bakery that has a 20 gallon water heater. When the water from the pan-washing gets cold, he often times bale water from one area of this bakery to the 3-bend. due to the chemicals, his fingers on both hands are infected around the cuticles. He often complains of the tips of his fingers feeling numb. His nails looks dark, scribbled and brittle. The supv gave him a pair of rubber gloves that came to his elbow. That made it worse. Extreme pain to grip/grab things as he used to. He works FT plus OT & pychk never reflects(40/wk plus). There's no group health insurance or benefits available. Income is needed. How do we pursue this lawsuit?Help!!!!
2006-12-29 12:00:00 · 5 answers · asked by barbara w 1 in Politics & Government ➔ Law & Ethics
The first step in any legal action is to prepare a civil civil complaint, which will state your cause of action, summarize your damages, and ask the court hearing the case for relief.
If you talk to a civil attorney who will take the case on a fee
contingent basis, in many cases the attorneys office can front the medical bills, because all out of pocket medical expenses are compensible if you prevail. This will allow a doctor to examine your husband and determine exactly how severe the damage is, which will go a long way toward determining your damages. Another thing that a physician can do is certify that your husband is temporarily disabled, if he finds that to be the case, which will help with your finances until you can get a hearing
The attorney that akes the case can investigate the workplace environment, and call expert witnesses to testify at the trial if there is one. You should know that of all cases filed in the courts on an anual basis, less than 2% actually go to trial.
Finally, the law in most states recognized a civil cause of action called "Termination by Construction of Law." What that is
is a workplace that is so hazardous that the employee cant continue the job due to this ongoing chemical exposure.
If you prevail, you can recover medical, as well as pain and suffering, and if applicable, loss of future earning capacity. The prevailing party can also ask to have their attorneys fees paid as part of the Billof Costs.
2006-12-29 12:18:43 · answer #1 · answered by Jeffrey V 4 · 0⤊ 0⤋
The first thing to do is go the the State Bureau of Workman's Compensation and file a claim. Have documentation, pics, notes, etc. If he is not able to continue work, go to the doctor for a work release. Under the BWC rules they will pay or make your employer pay your wages minus taxes.
2006-12-29 13:05:56 · answer #2 · answered by gyro-nut64 3 · 0⤊ 0⤋
A quicker solution, call the health department and have a Health Inspector take a look at their facility.
He'll force them to change if they are violating any health code! Sounds like that washing procedure is unsanitary.
2006-12-29 12:14:21 · answer #3 · answered by government slave 2 · 0⤊ 0⤋
A lawsuit for what? They gave him gloves. Sounds like he needs to get a different job.
2006-12-29 12:08:53 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Go find an attorney that specializes in work related cases and have him or her look into it to decide if you have a case.
2006-12-29 12:09:30 · answer #5 · answered by Gordon S 5 · 0⤊ 0⤋