Fresno Attorney to File Lawsuit Against Employer for Creating an Unsafe Workplace
Working in an unsafe environment can be just as stressful as it can be dangerous. Those who are forced to work in unsafe environments, are often left unaware of their rights as a worker and are forced to continue working in said unsafe environment putting them at risk of severe injury and even death in some severe cases. Fortunately, those who work in unsafe work environments have every right to file a claim against their employer for their negligence and misconduct. If you or a loved one work in an unsafe environment and wished to take legal action against your employer it may be in your best interest to seek legal guidance from a Fresno attorney who can take unsafe work environment cases. At California Labor Law Employment Attorneys Group our Fresno unsafe workplace environment lawyers can guide you through the process of filing a claim against your employer and are committed to ensuring all of our clients receive the resources they require to reach the settlement they deserve. If you have any questions after reading this article, please feel free to reach out to our law offices near Fresno, California, for a free consultation from one of our many well-versed legal advisors.
Unsafe Working Conditions and Fresno
Under federal law, employers are expected to provide a safe environment for their workers to perform their day-to-day job requirements. However, not all employers follow this federal law, and not all employees are aware of their legal rights as workers and don’t take legal action against their employer. Fortunately, with the help of an attorney with experience in unsafe and hazardous workplace conditions, you can either resolve the issue before anyone is hurt or file a claim against your employer for failing to remedy the issue.
Can I sue my employer if I was fired because I complained about a safety violation
A workplace hazard can be any potential threat to the health and well-being of a worker. These hazards can include things like:
- Safety Hazards: These hazards create conditions that can cause direct injury to workers. Some common safety hazards can include things like electrical hazards from damaged wiring; closed spaces; wet floors or damaged flooring; damaged or faulty equipment or machinery.
- Biological Hazards: A biological hazard can create an unsafe work environment as well. Things like bodily fluids, mold, bacteria, and animal droppings can all create an unsafe work environment. A biological hazard can make a worker sick, or leave them with the condition that requires extensive treatment to overcome.
- Physical Hazards: Physical hazards are hazards that are created by factors in the environment that cause damage or harm to the body. This can include things like radiation, long exposure under the sun, or extremely high or low temperatures.
- Ergonomic Hazards: This kind of hazards occur if a worker is forced to work in an environment that causes short-term strain and long-term damage to the body. These kinds of hazards can create chronic conditions that often cannot be cured. Some of these hazards include frequently lifting heavy objects, poor posture, or repetitive, awkward movements.
- Chemical Hazards: A chemical hazard can occur when a worker is exposed to a harsh chemical that causes injuries such as skin irritation, lung damage, or serious illness. Typically this occurs when workers are not given proper equipment to mitigate the effects of harmful chemicals and as a result suffer the damages.
- Work Load Hazards: The most significant factor in workload hazards is stress. If a worker is put in an environment that causes significant stress, this can also be considered an unsafe work environment.
These are just some examples of common unsafe work environment factors. However, a hazardous work environment can occur whenever a worker’s life and wellbeing is put at risk. Fortunately, victims of unsafe work environments can seek a resolution to their situation through the Occupational Safety and Health Administration or OSHA.
How Do I File A Unsafe Working Conditions Lawsuit?
If you or a loved one work in an unsafe environment, the first thing you should do is notify your employer. However, employers who create and facilitate unsafe work environments are often already aware of the situation and will do little to nothing to remedy the issue. If this is the case, then you should then file a report to OSHA.
OSHA or the Occupational Safety and Health Administration is a government body that establishes safety standards that all employers must adhere to. OSHA’s main purpose is to protect workers from injury, illness, and hazards to a worker’s health. To ensure the protection of workers, employers are expected to adhere to certain standards. These standards include things like: remedying workplace hazards as they arise, keeping track of any onsite injuries, providing adequate safety equipment and training, and giving employees resources to contact an OSHA representative.
When a worker experiences an unsafe work environment that poses an immediate and direct threat, that worker has every right to stop working. This is also true if an employer fails to remedy a hazard, the threat is so immediate that there is no time to contact an OSHA representative in time, or the worker is not given any alternative to this unsafe condition.
While waiting for a response from OSHA, a worker also has a right to continue to refuse work. If OSHA finds that the work environment is indeed unsafe, then that worker has a right to certain compensation such as a loss of wages, and any medical expenses the hazard may have caused. However, if an employer fails to pay this compensation, or does not have adequate workers compensation benefits, you may wish to file a lawsuit against them.
When filing a lawsuit against an employer, it is crucial that you have substantial evidence to back up your case. This evidence can take the form of photographs that show the hazard in detail, eyewitness testimony from other workers, or medical records that detail the damages this hazard caused you. When filing an unsafe working conditions lawsuit, you must then used this evidence to prove the following:
- There was a hazardous condition or potentially dangerous condition at your workplace making it unsafe, like exposure to harsh chemicals or damaged flooring, that presented an unreasonable risk of harm.
- The employer should have been aware of the dangerous condition or remedied the condition after being made aware of it.
- The employer failed to either warn workers of a reasonable condition and did not take reasonable action to remedy the issue.
- The hazardous condition resulted in the injury of a worker.
Regardless of the specifics of your case, it is always in your best interest that you seek legal representation from a lawyer experienced in handling unsafe working condition lawsuits. Having the right attorney by your side can truly make the difference in the outcome of your case, as they can better help you navigate the complexities involved in bringing your case to court.
About California Labor Law Employment Attorneys Group
Workers should not have to perform their day-to-day duties in an unsafe environment, nor should every day at work be a constant threat to your health and wellbeing. For this reason, victims of unsafe working environments have every right to file a claim against their employer if they fail to remedy a potentially injurious hazard. However, when filing a report with OSHA, or filing a lawsuit, it is in your best interest that you seek legal representation from an attorney who has experience in representing victims of unsafe work environments. At California Labor Law Employment Attorneys Group our well-versed Fresno employee rights attorneys can guide you through the process of building your case, filing a claim, and reaching the settlement that you deserve. If you file a claim with our employee rights law firm, you may find some if not all of the following damages compensable to you:
- All of you medical and hospitalization costs
- All of your future medical care and treatment
- A loss of income and loss of future earnings due to long-term recovery or permanent disability due to the accident
- Compensable economic damages include loss of property or damaged property.
- Compensable non-economic damages include emotional distress, trauma, PTSD resulting from the accident, pain and suffering and anxiety.
Victims of unsafe work environments contact our law offices to learn more about how to receive compensation for their injuries. While our law firm is based near Fresno, our attorneys also practice in Oakland, San Francisco, San Diego, Sacramento, Los Angeles, Riverside, and throughout the state of California.
Free Second Opinions
Other attorneys will sign you up for their firm but will disappear once your name is on the paper as they are busy signing up more cases. In these instances, their business is based more on volume and will attempt to sign up as many cases as possible. In turn, they will spend less time on cases resulting in severely reduced settlements. Our firm will not treat you like a number. We will be in communication with you throughout our lawsuit and will treat you like family. So if you already have an attorney don’t worry, we’ll give you a second review of your case 100% free of charge.
Zero Fee Guarantee-No Upfront Fees Ever
If you contact our law offices today, we can walk you through the complicated process of filing your claim completely free of charge. As a show this commitment to you and your case we offer our clients the benefits of a zero fee guarantee policy. Under our zero fee policy, all clients don’t pay for our services until their case is won. If you feel in need of a second opinion, second opinion case reviews are also free under this policy. Please, feel free to give us a call, and we can guide you down the path of receiving proper compensation for your damages.