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Hairdresser -Hair in wound 2x -infection and pain Massachusetts

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  • Hairdresser -Hair in wound 2x -infection and pain Massachusetts

    Hi,

    I am basically inquiring for my girlfriend who is a hairdresser working at a local franchise of a national hair cutting chain.

    Now I believe it is against the rules to wear sandals in a hair salon -however, it is a common practice to ignore this rule. The hair chain did not enforce the rule.

    She is about to quit because of the low wages, unpleasant managers and terrible shifts.

    She has had an infected toe before where she had to go and have a hair that worked its way into the toenail. Now it seems to have happened again.

    Her toe is infected again and she is about to go to the doctor once again. (She gets state insurance).


    What are the rules for filing workman's comp and or suing for a work related injury?

    Thanks.

    Eric

  • #2
    She CANNOT sue for a work related injury - her SOLE remedy is workers comp.

    http://www.mass.gov/lwd/workers-comp...kers-faqs.html
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      If your girlfriend is getting infected toes from wearing sandals, she might want to consider not wearing them.

      Anyway, as noted, she should file a WC claim.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        While I generally agree with the other answers I am going to give a slightly different answer.
        - Anyone can sue anyone else for any reason or no reason at all. It just takes lots of money and a hungry attorney who will want to be paid up front. If your GF has a few hundred thousand dollars she wants to spend on a lawsuit that she will almost certainly lose, then there likely is some attorney out there who will be happy to take her money.
        - WC laws mostly preempt these types of lawsuits. It is not exactly impossible to sue as much as it is close to impossible to win. The employee's starting point is to show that the employer had such gross disregard for normal industry standards as to invalidate the key "no fault" assumption in most WC actions. Since there is such a massive burden of proof requirement on the employee to meet that standard, most lawyers not suprisingly have no interest in taking these cases on a contigent basis, since they will likely lose and even if they win, it involves years of heavy lifting litigation.
        - Nothing you have said indicates gross disregard for normal industry standards.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          She can file a WC claim but the burden of proof that it was a hair at the salon that caused the infection is on her. Why on earth she would wear sandals knowing they are not recommended and she has already suffered consequences from doing so is another matter. The fact that the salon treats the employees as adults and does not monitor footwear is irrelevant.

          A lawsuit would not even get off the ground assuming you could even find an attorney willing to jeopardize being disbarred by filing it in the first place. WC as the sole remedy has been such a standard for so long that you just aren't going to overturn that one no matter how much you pay an attorney.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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          • #6
            WC is the exclusive remedy. No lawyer is stupid enough or foolish enough to file a civil lawsuit under these facts when work comp is the exclusive remedy.

            Infection cases are really hard to prove in work comp due to the difficulty of proving the medical causation element--it is really easy to get infections outside the workplace. If the OP's doctor is supportive that scientifically the infection is likely to have come from her work, then perhaps she should consult with a local work comp attorney about filing a claim.
            Bob Bollinger, Attorney
            Board Certified Specialist in NC Workers' Compensation Law
            Charlotte, NC

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            • #7
              Just a slight hijack for a somewhat related story:

              At a former employer, an employee tried to claim an infection/fungus was related to him wearing rubber boots and the heat from hot water used for cleaning was the cause.
              After several visits and the specialist determined it to just be poor hygiene and recommended employee change socks more often.
              He was not happy and decided to quit and sue us when we did not agree to purchase socks as part of his "uniform"

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              • #8
                So what happened with his lawsuit?

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