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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4816
Experience:  Experienced in both state and federal court.
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My office building just had a temant that was using a gas powersd

Resolved Question:

My office building just had a temant that was using a gas powersd genererater in the basement at night only. We in the next office condo were getting flu like symtems and head aches. CO 2 detector wqas going off and my boss told worker to pull out battery.
I put in battery when i checked co 2 detector. My boss told me no to call anyone. My husband said to call fire co. asap, my boss said no. We alll went to hosp when fire co. finally came. My boss wanted us to not report it to workmans comp. I was treated but had head aches for 3 weeks.
Submitted: 5 years ago.
Category: Legal
Expert:  Chris T., JD replied 5 years ago.

TexLawyer :

What state are you in?

Customer:

New Jersey

TexLawyer :

Your first option is to make a worker's compensation claim.

Customer:

yes nj usa

TexLawyer :

You are highly likely to recover, and it would be illegal for your employer to fire or demote you for making a claim.

TexLawyer :

In most cases, employees cannot sue their employer for negligence, since you have the right to file a worker's comp claim.

TexLawyer :

However, there are exceptions to this general rule.

TexLawyer :

In unusual circumstances, workers are allowed to sue their employers. Although the specifics vary by state, the general rule is that mere negligence on the part of the employer entitles the worker only to work comp.


If the employer went far beyond negligence, however, deliberately putting employees at risk, then the injured worker may be able to file a lawsuit against the employer. Although filing a lawsuit requires more time, effort and investment than solely obtaining workers' comp benefits, the monetary award may be greater.

Customer:

What about the person running the generater in basement of office condo.

TexLawyer :

You could sue them, as well.

TexLawyer :

They created the condition that posed a danger to you and your co-workers.

TexLawyer :

If you were to sue both your employer and person who ran the generator, they could both be jointly liable for the damages.

TexLawyer :

Does that answer your question?

Customer:

This went on for 3 weeks and i did not know they took out co2 baterry because of alarm going off that i put battery back in and boss didn't care.

TexLawyer :

The fact that the boss took out the battery is an OSHA violation, and could be the basis for a lawsuit.

Customer:

I was told to keep quit and tell fire dept the battery died. PS I did have to go to hosp . against my bosses demands because of workmans comp.

TexLawyer :

I understand. That is why you can sue. You have a legitimate lawsuit and should contact a personal injury lawyer as soon as possible.

TexLawyer :

Is there anything else I can do for you?

Customer:

What about the person that almost killed us with his generator running all night inside a basement.

TexLawyer :

Again, you can sue both your employer and the person who ran the generator.

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