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I am employed by an environmental and hazardous materials company. We deal with the clean up, transport, and disposal of hazardous and non hazardous materials. I was recently sent on a job where I was not put into proper personal protective equipment, and placed into a very dangerous situation where 2 tons of exhaust dust fell on me. It clogged up my respirator and I was unable to breath. The last few weeks I have been working 70-80 hours per week and expected to drive tractor trailers illegally. I have not been to the doctor, my company doesn''t seem to care about my health, and I believ I am suffering from side effects of the dust. Can I sue for negligence?
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As a general matter, your employer's exclusive liability for personal injuries suffered by an employee while on the job is to have the employee resort to workers' compensation. It does not generally matter if the employee was negligent. If you are not so sick that your injuries require the services of a physician or hospital, chances are your claim, if any, is not a very large one in financial terms. You should visit a physician and, if you are sick, consider consulting with an attorney who practices workers' compensation law.
Answered on Nov 09th, 2011 at 4:21 PM