Every year, the Occupational Safety and Health Administration (OSHA) reports that more than 5,000 workers are killed on the job, which averages to 14 deaths per day, and over 3.6 million experience a serious job-related injury or illness.
One of the contributing factors to these accidents is unsafe work environments. Everyone deserves to feel safe at work. Employers who don’t follow safety rules can make jobs dangerous.
If you’re working around broken equipment, toxic chemicals, or unsafe practices, you could get seriously injured. Can you sue for unsafe working conditions? You may be able to file a lawsuit if your employer intentionally created unsafe conditions, there was gross negligence, or you were retaliated against for reporting unsafe conditions.
This article will discuss the possibility of filing a lawsuit to address unsafe working conditions.
Understanding Workplace Safety Regulations
Safety rules keep you and your coworkers safe. Always remember this before you touch anything at work. The rules tell you how to keep things safe and orderly, from machine protection to emergency response.
Workplace safety rules are regulated by OSHA. The agency enforces safety rules and checks whether employers comply with them. Through OSHA, workers are protected from potential dangers in the workplace. The provision of personal protective equipment and other safety tools is mandated by the agency.
If you see a violation of safety laws, remember the prescribed action that you may need to take. This may involve reporting the violation or collaborating to resolve the issue.
Being aware of the safety rules will keep you safe, create a work setting that encourages safety, and protect everyone’s earning potential.
Identifying Unsafe Working Conditions
How do you tell if an unsafe nature of the workplace exists? Be watchful of the details around you. See if there is electrical wiring, slippery floors, or the lack of appropriate equipment.
Your workplace may be filled with noise or have machines that are faulty and not working correctly. Respiratory diseases are also more likely to happen in places that don’t have proper ventilation.
Does your workplace have frequent injuries or near misses? Assess equipment and chemical handling training priorities. Check if your employers force others to skip safety procedures. If anything feels off, it probably is. These warning signs help you recognize if your company complies with workplace safety rules.
Employee Rights and Protections
When there is an unsafe workplace, it is critical to know what your employees’ rights are. You have the right to work in a place that promotes your health. Safety rules say that the employer has to give the worker training and the proper tools to perform a job well.
Hazards must be reported without fear to a supervisor or HR official under federal laws, and each relevant state law prohibits discrimination against or terminating an employee for raising a safety concern.
OSHA is just one of the many organizations that provide relevant safety information and assistance. Knowing what the rights and protections available for employees are is one of the first steps you can take to manage your safety while at work.
Legal Options for Filing a Lawsuit
An employee harmed under hazardous working conditions may feel overwhelmed by the remedy options available for damages.
An employee who suffered an injury can claim damages through workers’ compensation if it is proven that there is gross negligence and unsafe working conditions. A separate personal injury suit could also be brought against the employer for the same acts or omissions.
You may also file a complaint with OSHA, which may be further converted into a contempt action against the employer for violation of safety regulations.
According to workers’ compensation claims solicitors from The Sumwalt Group, when weighing whether you can file a lawsuit against your employer for unsafe work conditions, understand that in some states, like North Carolina, there is a unique rule that disqualifies some injuries that happen from your normal work routine as being “accidents.”
An employment lawyer will explain your rights fully and provide you with a recommendation about the best and quickest course for you to act given your situation.
Steps to Take After Experiencing Unsafe Conditions
Immediately take safety measures after the occurrence of unsafe work conditions. Document everything: take photographs, note dates, and provide detailed descriptions of the incidents.
Tell your boss or HR about these dangerous working conditions and keep written proof for later use. If nothing changes, you should give a complaint to the safety officials in your area, like OSHA.
Always get yourself checked by a doctor if you happen to sustain any kind of injury. Speak to a lawyer who is an expert on job safety regarding your available legal options.
MindOwl Founder – My own struggles in life have led me to this path of understanding the human condition. I graduated with a bachelor’s degree in philosophy before completing a master’s degree in psychology at Regent’s University London. I then completed a postgraduate diploma in philosophical counselling before being trained in ACT (Acceptance and commitment therapy).
I’ve spent the last eight years studying the encounter of meditative practices with modern psychology.