mardi 28 juillet 2015

Toxic Torts / Chemical Exposure: Negligent Training and Supervision-Chemical Injury in Texas

My question involves an injury that occurred in the state of: Texas

Short:
3 chemical accidents occured due to my employer giving me crappy equipment and training.
All of the accidents were reported soon after they happened-a shadow was cast on the importance of these incidents from the first time it happened or I would have taken them more seriously (I control the work area, my employer does not)
I was, after the accidents occured, instructed to sign for documents related to my training that I had never seen, and was also instructed to cheat on pertinent job safety training (that I have proof of).



I worked a job last year that I am working on filing workers comp for. I am, however, wondering if I could have a different type of case based on my employers negligence.
When I started my job, the only training I received (I had 8 months prior experience working for a similar-caliber company apparently) was going with other inspectors and witnessing them do their job (helping sample product usually). I knew the basics of how to do the job because I had previously been employed (two and a half years prior to this hire-in) by another inspection company, but I apparantley was not trained well by them either.

I incurred three separate instances of 100% benzene (once was vapor getting on my arm, once I was attempting to stop the equipment I was assigned from leaking and the product permeated the glove, once the product got mixed into standing water that I stepped through during job duties) getting to my skin.

The first two times I told safety about the accidents (caused by leaking equipment assigned to me) and was basically told that it was not a big deal, it happens to people in petroleum inspection all the time. As long as I did not breathe the product (I knew to wear a respirator with this product but had no idea it would go through gloves) I would be okay. The individual I told even said that he had something shoot out of a barge on him when he first started inspecting and that he reported it and kept notes-his employer did nothing about it.

The last time the product was spilled into standing water on the barge due to the sampling system assigned to me being an OPEN SYSTEM. I did not know the sampler should have not been used until I got to the job and an operator told me that I should not have an open sampler-he called my office to discuss this and the fact that I could not sample until the weather slowed up. 4 minutes later I get a call from the office telling me to go ahead and get the job done, so I did. I did not realize at this point in time that benzene can have affects just from aromatic skin contact from being used in an open sampling environment. As I am finishing up the job I notice that mainly my right foot was burning and itching. Benzene had mixed in with the water on the barge and I had been walking through it with non-chemical resistant boots. I immedieatley removed the boots and rinsed off my feet when I got home. Later I got called to do another job and put the same boots back on and had to deal with the product being in my boot for hours (I was on that job 10 hours I believe). I called my supervisor the next morning and told him about the accident and he said that I do not need to report the product just giving me skin irritation-only if it ever makes me dizzy or pass out. The burning/itching went on over the next day or so (just as the previous occurrence did) and I decided to do some research on the product myself. It became very apparent that my employer was misguiding me with safety training and medical attention. The only reasonable thing I could do was to get blood work done (it would have taken a week to get into a doctor-I went to my previous employer/friend whom could order blood work through his chiropractic practice). This was 3 or 4 days after the exposure (the exposure happened on a Friday) and nothing was detected.

I got sick shortly after this and could not work for about a week. During that week I took a doctors note to them and was pulled to the side to do safety "training". The information I was supposed to sign for was backdated to three months after my hire in date and was already initialed by safety. I asked how I could sign for the information if I had never seen it, to which I got the reply "we already know you already know all this and we just need to get it out of the way."/So I Initialed the boxes that I was instructed to-but never dated nor signed the document. The next issue was a safety packet that I was handed the answer key to and instructed to cheat on. I have pictures and videos of all of this. At this point it is clear that these people are unfit to be in their positions and I shortly thereafter resign and go back to school.

Upon telling them why I am quitting, I am questioned by my bosses boss (they set it up to where h would be there when I cam in to return my equipment). I explained everything and was told that I was basically full of crap and that nothing had happened. I explained many things he attempted to disprove. He goes on to tell me that I should have been wearing a respirator for EVERY chemical we deal with (something completely oblivious to me up to that point) and that I should know that (how? the inspectors I trained with don't even wear their respirators when they're dealing with Benzene).

Any input is appreciated. The main reason I am seeking this out is because my family has urged me to get as much advice as I can on what process should be used to ensure I have what I need in the event the exposures result in anything later in life.


Toxic Torts / Chemical Exposure: Negligent Training and Supervision-Chemical Injury in Texas

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