Have you ever been concerned about working in unsafe/hazardous workplace conditions while on the job? Under a federal law known as the Occupational Safety and Health Act of 1970, employers are responsible for providing a safe and healthy workplace for their workers. There are also detailed guidelines set out by the Occupational Safety and Health Administration (OSHA) to which employers must generally adhere.
If the company you work for has broken the rules and left you at risk of injury, it’s important that you take the right steps to protect yourself.
If you do find yourself in unsafe working conditions at your job, there are a number of OSHA-recommended steps you may be able to take.
Bring the concern to your employer’s attention, if possible. This is the quickest, easiest, and often most effective means of improving workplace safety. However, if you don’t feel comfortable discussing the situation with your superiors, or if dangerous conditions persist despite repeated complaints, you may need to take a different course of action.
If unsafe conditions exist at your workplace, you have the right to file a confidential complaint with OSHA. The agency will not share your name with your employer when providing notification of the complaint.
Upon receipt of a complaint, OSHA will send out a safety and health inspector to investigate the situation. You can submit an OSHA complaint online or over the phone.
You may have the legal right to refuse to work if you believe unsafe or unhealthy working conditions pose an imminent, life-threatening danger. More specifically, the conditions in question must:
No workplace is perfect, but there are certain standards below which employers cannot fall when it comes to safety. As an employee, recognizing the “red flags” of an unsafe working environment is critically important.
Some of the most critical safety issues in workplaces include:
Workers’ compensation is a government-mandated insurance program that provides financial relief to those who are unable to work because of a work-related illness or injury. Following a successful workers’ comp claim, you should be entitled to wage replacement and medical benefits, as well as funding for retraining in some cases.
To apply for workers’ comp, you must first report your illness or injury to your employer as soon as possible (delays can jeopardize your claim). From there, your employer should provide you with the necessary forms and instructions for filing a workers' compensation claim.
In order for you to qualify for workers’ comp, your illness or injury must be work-related. However, it's important to note that employer negligence is not a requirement here. Even if the accident was the result of your own error, you are still entitled to benefits as long as the issue arose during the course of your normal working activities.
It’s important to note that workers' compensation insurers may deny claims for various reasons. The most common basis for denial is uncertainty over whether an injury or illness is work-related; the insurer may try to argue that your ailment arose because of your personal activities or that it was a pre-existing condition. The insurer may also argue that the injury was not severe enough to warrant compensation or that proper procedures were not followed in reporting and documenting the incident.
Remember, insurance companies are profit-making organizations. They’ll do what they can to avoid paying out on claims. If you feel you’ve been treated unfairly during the claims process, it’s important that you seek guidance from an experienced work injury lawyer.
One difficulty with workers’ compensation is that it generally prevents you from filing a personal injury lawsuit. When you accept a workers’ compensation settlement, you’ll have to waive your right to sue your employer in relation to the accident that caused your injury, even if it came about because of negligence on the company’s part.
This is problematic because workers’ compensation does not allow for non-economic damages. It won’t compensate you for the physical pain or emotional distress you experience because of your accident, as a personal injury settlement might.
In some cases, though, you can file a personal injury lawsuit along with a workers’ comp claim. This usually happens when a third party (not your employer) is responsible for your injury. For example, if you're hurt in a car accident while driving for work and another driver is at fault, you can file a personal injury claim against that driver.
Additionally, if your employer was grossly negligent or intentionally caused you harm, you might have grounds to sue them even if you successfully claim workers’ comp.
Consulting with an attorney can help you understand complicated situations like these and maximize your compensation entitlements.
If you’ve been involved in a serious accident at work, it’s imperative that you start the process of seeking compensation as soon as possible. The longer you wait, the greater the chances you’ll encounter a major problem with your claim and fail to recover the compensation you need to get your life back on track.
Contact us today to schedule a free initial consultation about your case. You can reach us by calling (800) 969-4400 or by filling out our online contact form.
