Your Legal Rights When Faced With Unsafe Work Conditions

Today’s workers are entitled to work in places that are reasonably safe according to the circumstances of the tasks that are to be performed. When workers realize they are in unsafe work conditions, they can take concrete steps to protect themselves and others from accidents that are bound to happen.

Your Rights Under OSHA Regulations

As an employee, you have various rights designed to protect your safety. Many of them are found in regulations established by the Occupational and Safety and Health Administration (OSHA).

Under OSHA regulations, workers have the right to a safe and healthful workplace. That is, one that includes reasonable safety and training measures, such as:

• Putting safety guards on machines
• Efforts to prevent trenches from caving in
• Avoiding exposure to high levels of noise
• Safety features to protect healthcare workers from needle stabbings and cuts
• Preventing asbestos exposure
• Use of fall protection equipment, such as harnesses and lanyards

Although some industries are far more dangerous than others, injuries occur throughout all work sectors in Wyoming and across the country, meaning safety measures are necessary in all of them.

OSHA rules also give workers the right to be provided with personal protective equipment (PPE) when necessary and for no charge. PPE is essential throughout many industries, such as construction and healthcare, in which employees have a duty to identify, understand, and protect against unique risks. It serves as the frontline of protection for workers in dangerous jobs.

Identifying Unsafe Work Conditions

After many accidents, subsequent investigations often uncover flagrant safety violations and unsafe work conditions, many of which are typically identifiable before an accident occurs.

Signs that you may be working under unsafe conditions include any of the following:

• Disabled or malfunctioning alarms and safety alert systems
• Lack of (or damaged) PPE
• Damaged stairs
• Blocked exits and entrances
• Clutter
• Slick surfaces
• Uncontained or uncontrolled chemical, biological, or environmental hazards

Unsafe work conditions may also come about as a result of horseplay and other risky employee behaviors. Whatever the cause of a workplace accident is, though, it should be reported or remedied in order to protect life and limb.

Reporting Unsafe Work Conditions

Reporting an unsafe work condition is a process that begins with bringing the issue to the attention of your employer. They need to know when a safety violation or dangerous situation is present, and it is their job to take immediate steps to remedy the situation and keep their workers safe.

In many companies, there is an internal system designed to handle reports of unsafe conditions. If you notice a condition, you should follow procedure and report it in the manner subscribed by the protocols.

Sadly, reporting an unsafe working condition to your employer does not necessarily mean that the problem will be addressed. But the good news is, even in such an event, you have the option of filing a report with OSHA and the Wyoming Department of Workforce Services. Complaints to these and other relevant agencies typically lead to mandatory safety investigations.

Workers’ Compensation for Unsafe Work Conditions

Workers’ compensation is meant to provide fast relief to injured workers, as it does not require them to build negligence cases against their employers. In exchange for not being sued, employers carry workers’ compensation insurance to pay injured workers various forms of compensation and benefits in place of damages from a lawsuit.

Although receiving compensation should be relatively straightforward, the opposite is often true. Workers find themselves facing obstacles in the way of obtaining the benefits and compensation they deserve. Many claims are even denied outright initially. When a claimant has a workers’ compensation attorney, however, their odds of approval and proper benefits rise significantly.

Documenting Unsafe Conditions and Your Complaints

Various forms of documentation can greatly aid your complaint, such as:

• Photos and video footage
• Testimony from other workers
• Emails and texts relating to the dangerous condition
• Copies of complaints of dangerous conditions filed with the company
• Accident reports relating to the dangerous condition

Documenting your employer’s response to a dangerous situation can also be of great help. Their refusal to take action within a reasonable amount of time can be cited as a liability issue.

Seeking Legal Advice and Representation

Legal representation may be recommended when your personal and work rights are being infringed upon. A workers’ compensation attorney will guide and protect you with their experience and the law.

If you are injured because of an unsafe condition, you should also strongly consider seeking legal counsel. You deserve to know the full breadth of the compensation and benefits you may be entitled to.

FAQ

What Happens if My Employer Retaliates for Reporting an Unsafe Condition?

Employer retaliation, while illegal, is still common. Making matters worse is that many workers do not realize how much protection the law affords them against retaliating bosses.

If you have been retaliated against for reporting an unsafe condition or even an accident, a workers’ compensation lawyer can help you receive payment for the damages you’ve incurred.

Can I Sue My Employer for an Unsafe Condition?

Normally, you are not allowed to sue your employer for an unsafe work condition if you are injured. Instead, you must seek compensation from workers’ compensation or a liable third party. However, in rare cases of particularly egregious behavior on your employer’s part, you may potentially sue them for causing your work injury.

Is There a Statute of Limitations for Work Injury Claims?

Wyoming has a statute of limitations of one year for worker’s comp claims that occur as a result of an injurious accident. For claims based on diseases or conditions, the statute of limitations is three years from the last date of contact with what caused the disease or condition.

Effective Work Injury Representation

If you have been injured at work due to an unsafe work condition, you deserve effective and personalized work injury representation from an effective firm that cares. Look no further than The Spence Law Firm for help fighting for the compensation you deserve.