Would this be a valid law suit?
I work in a restaurant where we use the big restaurant tea/coffee makers. These have a faucet at the top of them that pours out SCALDING water. I am unsure of the temperature, but it gave me second/borderline third degree burns. I had filled a cup with the water to pour into our silverware buckets that I had to change before I could leave for the day. The cup slipped from my hand and scorched my breasts. I am a young female so this has taken a HUGE financial and emotional toll on me. The recovery has been long and painful and I still have a long road ahead of me. I filed for workers comp so hopefully that will help. My point however, is that these machines are in the front of the house of the restaurant. The one that I was using is less than 3 feet from a table where customers sit to eat. Although a customer shouldn’t touch it, it is accessible to them. The water, in my opinion, is unnecessarily hot. I also believe that something pouring out water like that shouldn’t be in the front of the restaurant. The handle you lift says “Lift for hot water,” but there is no caution about just how hot it is. I do realize that it was my accident because it slipped from my hand and I am not necessarily looking for monetary compensation. I really would like to see these companies either lower the temperature of the water being dispensed, take the faucet off the machine, or not keep them in the front of the house. I want to call a lawyer but wanted to get others opinions first. Please keep in mind that these burns are no small ordeal. It has required me to take 3 weeks off work so far, and I am a single mom. I can’t go outside AT ALL and my car has to be pre-cooled before I can get in for risk of over heating because I pass out. I can’t be in sun for at least 6-12 months. I have to apply lotions and antibiotics 4-5 times a day, redress the wounds every 4 hours, massage the burn 3 times a day, and deal with the awful pain. I have a 1 year old daughter and for 2 weeks I wasn’t able to pick her up or hold her because of the pain. Because of my pain meds, I can’t be alone with her or drive. My breasts will be permanently scarred (and it is a sizable scar). They want to do laser resurfacing to help the scarring but that will mean 3 or 4 treatments. They put you to sleep for each treatment and there is recovery time associated with that as well. It has really damaged my way of life and I don’t want to see it happen to someone else. I just want to know if there is anything I can do. Thanks in advance.
I don’t understand what you think you’d sue for?
You have applied for Worker’s Compensation. That should cover you lost wages and medical costs now and in the future. That is the extent of your claim. In most places, you are not permitted to sue for anything more. If there is a serious safety issue, Worker’s Compensation will address it with the company, which may even involve fines. In any claim, an investigation is a possibility
All the talk of the location of the machines has no bearing whatsoever. The accident was not caused because the machine was too close to the customers, so why even bring that up? It has nothing to do with your situation
Note: the water in a coffee pot is BOILING. 212 degrees F, 100 C.
That is as hot as water gets, and it has to be to even work properly (the water has to boil to move though the system)
First of all, the water is boiling- if you graduated sixth grade, I really don’t think you need to be told how hot boiling water is. And it has to be boiling because it’s making TEA! You know how you put the teapot on the stove and when it whistles then you can make tea? It’s whistling because of the steam from the water boiling. You can’t make tea with hot water- it has to be BOILING hot water. Second, I have had THIRD degree burns all over my forehead, down my neck, onto my shoulders, and across the top of my chest. I had blisters the size of half dollars that popped constantly and formed new blisters. I didn’t miss a day of work. I was in agony sometimes- I probably should have taken a couple of DAYS off-but i kept the bandages clean and stayed away from heat and it was mildly acceptable and only slightly excruciating. Certainly nothing that would have EVER required me to miss work for more than a week AT THE ABSOLUTE MAXIMUM. I looked like a mummy, but I worked and it really wasn’t all that bad. And it was in a restaurant too. On my feet for hours at a time. Why can’t you go outside? Cover your burns and go. Your doctor is a quack if he told you not to go outside at all- but I’m pretty sure that was YOUR decision. What keeps you from applying lotion and changing bandages in the bathroom at work? That’s what i did and I had no problem. And scarring?!? Second degree burns don’t even kill the epidermis- how do you have scarring? I don’t have one scar and I had THIRD degree burns over three times more of my body than you. You are being dramatic and your doctor is trying to gouge you for more money. Buck up and get back to work.
You have Workers’ Compensation, there is no other recourse for you.
Call OSHA if you are concerned about other workers getting injured. 1-800-321-OSHA.
Sorry you can’t get a huge paycheck and sit on your butt at home forever. That’s life.
Concentrate on your treatment and recovery. And eventual return to
gainful employment. YOu have a accepted comp claim, while those
benefits are extremely limited, that is your exclusive remedy for
injury in the workplace. File your complaint with OSHA or your
state, Cal-OSHA if you are in Calif, and move on from this. Letting
these thought process control your daily life activities isn’t
healthy, nor contribut to a speedy recovery. Good luck to you…
don’t plan on retirement due to this situation/injury.