Albany, OR asked in Workers' Compensation for Oregon

Q: I got a large burn at work. The first aid kit did not contain what I needed. Can I press charges?

The first aid kit at my work was under equipped and did not contain antibiotic ointment or conforming gauze rolls. I was not able to immediately treat my wounds and had to leave work and purchase my own first aid supplies.

Related Topics:
1 Lawyer Answer
Spencer  Aldrich
PREMIUM
Spencer Aldrich
Answered
  • Workers' Compensation Lawyer
  • Portland, OR
  • Licensed in Oregon

A: The simple answer to your question is "probably not." As your injury was on the job, your remedy is the Oregon WC system and that generally prevents you from being allowed to sue your employer for negligence (i.e. your harm caused by their breach of a duty to keep appropriately stocked med kits). Also, "pressing charges" generally implies a criminal action with the police which seems unlikely (but is outside my expertise). Maybe OSHA/DCBS could be involved, but that's also outside my expertise.

From a WC perspective, if you sought professional medical care (ER, urgent care, etc.) you should be sure to notify your employer of the injury (if you haven't already) and make a WC claim. This will get the ball rolling on getting WC to pay the medical bills and potentially your lost wages if the doc took you off work or gave you restrictions that can't be accommodated.

If you just treated yourself with OTC stuff from the drug store and were not taken off-work by a doctor, making a WC claim probably isn't worth your time.

Jina Ly Clark and Tim Akpinar agree with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.