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Discussion Starter · #1 ·
It all started with some idiots at the company I am working deciding it was time to fumigate the building - during office hours - and because of a malfunction of the HVAC system most of the crap (Talstar Professional) ended up being blown straight into my office while I was on a conference call. I ended up with what I would describe as severe respiratory irritation (burning lungs), heavily irritated eyes, and partial loss of feeling / mobility of my left arm followed by the usual chain reaction of throwing up etc.. The contractor played dumb citing the fact that Talstar is water-soluble and clear to indicate that it was perfectly safe to use as it was done. So I ended up filing my first ever work-accident claim. The good news is that they finally fixed the HVAC outlet to my office, only took 2 years of complaining....

I was finally getting over this stuff when the Colorado flu hit me. Anyway, after losing 10 lbs, sleeping for 2-3 days straight etc. I finally picked up my horn again but boy, I have a hard time even just with the weight, not to mention shortness of breath ... Not exactly a sax-related health issue but something that severely affected my favorite past time. And I missed three booked gigs, which is the worst part of it - well, I don't think the audience missed me too much :)

Tomorrow, i'll be out playing again for the first time but I'll stick with the sop and as few notes as I can afford

**** happens ...
 

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…. The contractor played dumb citing the fact that Talstar is water-soluble and clear to indicate that it was perfectly safe to use as it was done. ...
You can't take a "joke?"


I think I'd gotten out of there pdq!


Glad you're on the mend, with no permanent damage.
 

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Also, did you really sleep that much the past few days ? Besides a lawyer, get a doctor's appt.....

Sending you positive mending vibes. Hang in there....
 

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i feel your pain. **** does happen. I am on a 2 month hiatus due to a malady. Can't wait to get back to playing again.
take care
 

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That's terrible, sorry you've had to endure such nonsense. The world can be so toxic. If it's any consolation, I recently took nearly a month of forced hiatus due to a torn intercostal muscle. My chops aren't great to begin with, but they didn't suffer terribly from the down time.

But these jokers should definitely compensate you for the missed gigs as well as your pain and suffering. Not to wish you any further ill, but as Grumps pointed out, it might be worth seeking some legal counsel in order to address potential future illness in your compensation claim. At the very least, they ought to provide you with a full chemical breakdown of the substance they used.
 

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Wow, that’s awful. I don’t care how safe something is. Fumigating in a enclosed area is zero safe.
Wishing you a speedy recovery.
 

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Yup. Then an attorney somewhere can get the full and rightful benefits due to you. 🧐
Not just yourself to think of, either.

If no one holds their feet to the fire and makes them pay for what they did, they might kill or maim the next poor fellow.
 

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https://www.oldhamchem.com/catalog/sds/445-775-0
While this is not the manufacturer's site t certainly suggests that your symptoms are not psychosomatic. The site above suggests that the manufacturer is http://fmc.com/
I'd suggest finding out if exposure can show up in blood or other assays and promptly document that you've been exposed. I would think that a toxicologist would be the proper person to consult for that purpose and may be the best one to help guide you in evaluating any continued symptoms. If your employer has documentation showing the application and the time, that would help document when and why you were exposed. A pulmonologist relative to the respiratory irritation (scope saving images) and neurologic evaluation are also suggested by the symptoms.
I am angry for you and hope that this helps.
 

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Yup. Then an attorney somewhere can get the full and rightful benefits due to you.
Yeah, a lot of people think that way, and it's certainly encouraged by the insurance industry. They love it when you feel you're somehow doing Satin's bidding when filing a claim; even though their premiums are taken from your paycheck whether you realize it or not. But worker's compensation laws are complex and you will never get due and just compensation should you leave it up to an insurance company to decide for you. Employers sometimes... rather than view it as a necessary cost of doing business... often fall prey to the insurance industry manipulations and actively discourage their employees from pursuing rightful claims. They'll pay your medical bills as if they're doing you a favor, as if it's not something you already paid for with your hard work. But disability and potential lifetime benefits, forget it. You'll need a lawyer to secure that, advocating on your behalf. And believe me, I've often bailed out a client who somehow thought they could manage on their own in this regard. If it wasn't too late, that is.

In my state, worker's compensation laws limit attorney fees to nearly half of what could be had in a personal injury case with a contingency fee. I never see such cases as money-makers because I don't take them on in high volume; which a lawyer would have to do to see any great income from them. But yeah, it sucks that people need lawyers to guide them through our legal system, which I admit is quite complex. But I'm not here to make money. I worked for the insurance industry. I know them. That's why I hope Lostcircuits gets competent legal counsel to protect him. You really want to argue about that?
 

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Discussion Starter · #13 ·
Thanks everybody, right now I am waiting to see what HR comes back with, they had to file a worker's comp claim. And then I'll take it from there. Call me stupid for not claiming more damages but I am right now just happy that I am almost functioning again.

Cheers

Michael
 

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Yeah, a lot of people think that way, and it's certainly encouraged by the insurance industry. They love it when you feel you're somehow doing Satin's bidding when filing a claim.....snip..... You really want to argue about that?
Made me laugh. No, and No - I never "really want to argue about" much of anything. In the even that I do, I won't do it here - I'll call my ex wife. I occasionally debate a topic, but argue is such a negative word to us laypeople...

As to the topic at hand - I am well aware that attorneys are necessary in some cases. I have used them on more than one occasion, but most of my legal issues have been resolved first, and then handed to an attorney to make sure the legal jargon is all in place and the resolution is binding. I have also worked out mutually beneficial solutions without any outside help at all.

and then there's this: Sometimes employers go out of their way to take care of an issue just because they're good people and they care about the individual affected.

- Shades of grey.
 

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Sometimes employers go out of their way to take care of an issue just because they're good people and they care about the individual affected.
Possibly, but not their insurance companies. They just don't work that way, and in the end, they're the ones calling the shots.

I've handled accidental workplace respiratory injuries and they can have lifelong complications. Given that a third party may have been ultimately responsible adds another wrinkle to the case. It would be wholly irresponsible for anyone to suggest not to at least seek a consultation (generally at no cost for such claims) with legal counsel given the nature of the injury. Especially considering the probable increased sensitivity to other airborne particles that may not have caused problems in the past.

Lostcircuits. Go see a lawyer.
 
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