How to File an Unsafe Work Environment Lawsuit

Are you wondering how to take action if you’ve been working in dangerous conditions? As an employee, you have rights. Read more on how to file an unsafe work environment lawsuit.

Introduction

As a worker living in America, you have certain rights. This includes the right to a workplace free from physical, mental, or emotional harms. If your employer neglects to take steps to ensure a safe workplace, they are running afoul of the law. Not only can you refuse to work until they correct the problem, but you may also be able to sue if you are harmed as a result of their negligence.

Whether you believe you have minor concerns, you are in imminent danger, or you have already been harmed by a negligent employer, it is important to know how to take action. This process almost always starts with a complaint to the Occupational Safety and Health Administration (OSHA). We’ll tell you how to reach out to them, and how to sue in court if you don’t get results, in this guide.

What is an Unsafe Work Environment?

An unsafe work environment is any workplace where the risk of danger is unusually or unexpectedly high, limiting you from engaging in daily activities. Typically, this is a result of neglecting to adhere to OSHA guidelines, but this isn’t always the case.

Common examples of unsafe conditions include:

• Broken equipment
• Poor or nonexistent security measures
• Exposure to hazardous materials or chemicals
• Exposure to asbestos and other carcinogens
• Lack of appropriate training before active work
• Poor or neglected maintenance of critical systems
• Slippery floors (either at all times or after washing)
• Inadequate or non-existent lighting (indoors or out)
• Blocked paths and/or walking areas
• Trailing cords and/or exposed wires
• Slippery or otherwise dangerous steps
• Improper safety gear and/or safety training
• Jury-rigging equipment for unsafe purposes
• Improperly used or operated machinery

All of these elements can lead to serious injuries or even deaths on their own. Yet employers who neglect one area of safety often neglect it in other areas, too. This results in an extremely heightened level of risk for the employee. Worse yet, workers who suffer through this type of scenario are often told to simply deal with it or leave.

Dangerous Jobs Don’t Negate Unsafe Conditions

Some jobs are naturally more dangerous than others. For example, an electrical worker who services power lines must work in conditions with a considerably higher risk for injury than, say, a computer programmer working in an office. This is not only normal, but also expected. Thus, a power line worker probably can’t sue just because they are around high voltages every single day.

Yet, the employer still needs to take appropriate steps to ensure the job may be done with as little risk as possible. A company who neglects to provide their power line workers with appropriate monitoring, safely maintained equipment, and adequate training, for example, could be sued if someone is electrocuted as a result.

How to Take Action

If you think you are being exposed to unsafe working conditions, you have the right to take action in a variety of ways. Exactly how you take action, however, depends on the level of risk, whether you are in imminent danger, and if you are already harmed.

If the danger is imminent, meaning that someone is at risk for serious injury or even death, you should take action quickly. The law supports your right to refuse to work in conditions where imminent danger exists. Make this your first step. Then, reach out and call (800) 321-OSHA to report the issue, and be sure to tell the representative you speak to that you believe the danger is imminent.

If the danger is not imminent, but is still a concern, try reporting it to your supervisor or company safety committee first. It is possible that they may not be aware of the issue in the first place. Do this in writing and document every comment and exchange of information between you and your employer –– it may aid you later if you have to prove your case. If you believe you may be fired for reporting the issue, contact OSHA at the above number and file a report.

If the danger is minor, but may eventually lead to harm, you do not have the right to refuse to work. However, you can, and should, report it to your employer in writing. Then, monitor the situation closely to see if they follow up. If they refuse or neglect to correct the issue, and it becomes dangerous, you can file a complaint with OSHA.

If you were already harmed, you have two main options: file a complaint with OSHA, or file a civil suit for compensation. We’ll address the latter of these two options in the next few sections.

If You Have Been Harmed

If you have already suffered some kind of mental or physical injury as a result of unsafe working conditions, you may experience damages (also referred to in the legal world as “loss”). This may include sky-high medical bills, loss of ability to make an income, temporary disability, permanent disability, disfigurement, or even simple pain and suffering that detracts from your ability to enjoy your life. At this point, a simple complaint can, and often should, become a personal injury lawsuit.

First, don’t approach your employer about compensation directly. They may try to convince you that you don’t have a case or even retaliate against you in an effort to try and avoid a payout. Remember, an employer who isn’t responsible enough to keep a safe workplace might be unethical enough to try and avoid you, too.

Your next step should be to find a lawyer instead.

How to Find a Lawyer

The most effective way to find a lawyer you can afford quickly is to reach out to a legal referral service. These organizations are regulated and licensed by the California Bar to match you only with the very best attorneys available.

Don’t wait to contact a lawyer – this may leave you unable to sue later on down the road. While you should seek medical attention right away, you should also prioritize finding a lawyer, too. You can even call right from your hospital bed if you know you won’t be home for some time. In fact, many lawyers will come to the hospital and help you start exploring your options right away.

How to File Your Lawsuit

Your lawyer will sit down with you and help you review the facts of your case. Then, he or she will help you fill out the right forms for filing a lawsuit in the Civil Court of California. Depending on how much you are suing for, you may file in Small Claims Court, the Appeals Court, or even the Supreme Court instead.

If you choose to work with a lawyer, he or she will likely handle forms submission and perhaps, even the payment of fees, for you. However, you do have the option to file your own lawsuit by visiting your local County Clerk’s office instead. You will be asked to pay a small fee (usually around $75) at the time of submission.