Legal Question in Personal Injury in Virginia

Hurt on the Job.....Should I try to file a third party Negligence suit ?

So my employer decided to have the office fumigated without telling any of the employees. One minute we were all sitting there working & the next Pesticides were being sprayed in front of my desk by an exterminator . Within minutes, I started to feel lightheaded, dizzy, & nauseous. A few moments after that I couldn't breathe & started to blackout. A Coworker Helped me outside & that is when I became very weak, & started vomiting. My mouth and ears went numb, and I still couldn't breath even though I had been given oxygen by my manager while waiting for the ambulance. Once the ambulance arrived, I was given oxygen by the paramedics for approximately 20 minutes, but declined the transport to the emergency room. I immediately called my family Physician & There I was diagnosed with having insecticide poisoning. I ended up being sick for 2 2 1/2 days. I know that I can't sue my employer, bcuz they have WC insurance, but should I file a 3rd party negligance suit against the Exterminator?


Asked on 7/07/08, 2:44 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Hurt on the Job.....Should I try to file a third party Negligence suit ?

In my view you should first carefully determine whether you may suffer any adverse long term effects from this unhappy episode which may require further treatments and medical care, and, if so, you should file a workman's compensation claim without further ado. (You may need the diagnosis and evaluation of more than one physician in order to make such a determination.)

After that part of this sitaution has been sufficiently addressed, you should then arrange for a consultation with an attorney who is knowledgeable and experienced in workman's compensation as well as personal injury matters to determine whether you may have any viable claim(s) against the pesticide folks who appear to have nearly exterminated you in their sudden and apparently unannounced efforts to get at the creepy crawlers (non-electronic bugs) in your office.

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Answered on 7/07/08, 4:09 pm


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