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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118676
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My fiance works at Panchos Mexican restaurant washing dishes

Customer Question

My fiance works at Panchos Mexican restaurant washing dishes yesterday one of the employees gave him a bottle wish I took a picture of that has chemicals in it it had no name on the bottle he had gloves on and the chemical that the employee gave him gave him second degree burn on his right hand he can't afford to lose his job because we have A3 year old daughter to take care of but he is in severe pain they had no first aid kit I've done some research and this I'm thinking will be illegal issue which will be civil there was no contract signed but he can demonstrate that he held up his end he has to be at work at 10 this morning and his hand is burned can they fire him he has a doctor's excuse but since nothing was signed do they still have to pay him for the days that he's going to have to be out or does he need to go into work until that out he's in severe pain and I'm highly upset I also took a picture of the first aid kit which only has a box of Epsom salt and alcohol I know we have a case but we only have a couple hours of what decide to do please help us
Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If this happened while he was at work, he is entitled to medical coverage and to be paid for days he could not work under WORKERS COMPENSATION. His employer cannot fire him for making a workers compensation claim and he needs to notify his employer IMMEDIATELY about the injury being work related and what happened.
In addition to workers compensation, he is entitled to up to 12 weeks of time off under the Family and Medical leave act if he has been working there over 12 months and works there full time and that job protection runs the same time as workers compensation.
If the employer refuses to file a workers compensation report, he has a right to get an attorney to file a workers compensation suit against the employer and if they fire him he has a right to file a claim for retaliation in addition to his workers compensation claim.
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