QUESTION
Can I sue my employer for having an unsafe workplace for their employees?
Asked on Jan 02nd, 2014 on Personal Injury - Florida
More details to this question:
I was told by the owners of the company I work for that we would have a new office since September. I was electrocuted plugging something in today and fell backwards from the shock. The office has water leaks every where causing black mold plus illegal wiring that was not done by an electrician. I am afraid to go back to work do to the hazards surrounding me at work plus I do not want to be permanently injured from another electrical shock. I was told in an email today that the company does not intend to get another office any time soon and I just need to do my job even if it is in an unsafe work place. Can I sue for being for having been shocked electrically two times in the last few months plus being exposed to black mold?
8 ANSWERS
You need to file a claim for worker's compensation benefits that cover temporary disability benefits , ongoing medical treatment and a settlement for permanent disability and future medical care.
Answered on Jan 07th, 2014 at 4:31 PM
Criminal Law Attorney serving Columbia, SC
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O'Leary Associates, P.A.
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Yes. See an attorney immediately. A problem may well be damages. An attorney's office would need to investigate since SC is an "at will" work state.
Answered on Jan 07th, 2014 at 2:03 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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Immediately report this to CAL OSHA. Second, you may have a workers compensation claim.
Answered on Jan 07th, 2014 at 5:56 AM
James Eugene Hasser
Your exclusive remedy against your employer for a job injury is for compensation benefits, which are limited. There's a small possibility of falling within an exception to that, but it will require an injury. Your best bet may be to call OSHA.
Answered on Jan 07th, 2014 at 5:56 AM
You should contact the Department of Labor to report these conditions. It may be an OSHA - Occupational Safety Health Administration - violation. Call 1800 NC- LABOR.
Answered on Jan 07th, 2014 at 5:55 AM
Ronald A. Steinberg
Contact OSHA. You have a workers compensation case for the electrocution.
Answered on Jan 07th, 2014 at 5:55 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You have a problem way beyond an electrical outlet. It is obvious you don't care for your job or your boss and maybe the feeling is mutual. If you had a real injury you could file a worker comp claim, but it does not sound like you have a real injury. I guess there are government offices who could give your boss a hard time if that is what you are planning to do environmental offices.
Answered on Jan 07th, 2014 at 5:55 AM
Workplace injuries are governed by workers' compensation laws. Typically, workers' compensation is the employee's sole remedy. Workers' comp pays an injured and disabled worker wage replacement benefits and medical expenses. That law specifically prohibits the worker from suing the employer for traditional "damages" or "personal injuries" (with an exception of injury due to what is referred to as intentional tort-very difficult burden to carry). Because you have an injury combined with an "employment" type issue, your question would take too long to answer in this forum. You should speak to a lawyer who is knowledgeable in employment law.
Answered on Jan 07th, 2014 at 5:54 AM