Posted 30 May 2013 - 08:57 AM Hello, I have a question regarding alleged employee abuse and neglect. I know of several documented instances wherein an employeer had placed an employee in dangerous situations that might have resulted in serious injury to the employee. In addition, the employer did not provide the employee with protective measures prior to the employees participation. In one instance the eployee asked why he was the guniea pig. The employeer allegedly responded that the employee was less important to the business than he (the employeer) was and hence was allegedly expendable. Is this legal and does the employee have any recourse? Thank you for your time and attention. ****** 15,560 posts Posted 30 May 2013 - 10:41 AM Without knowing what the alleged ?dangerous situation? was, and in what state it took place, there is no way to meaningfully comment on what might be done.
However, to the extent you are asking whether the employee may successfully sue the employer for a money judgment, the answer is no. First, you said the situation ?might have? resulted in serious injury. In order to win any damages in a lawsuit, the plaintiff must have actual damages (e.g. physical injury, monetary loss, etc) since the law will only compensate for the harm that was suffered by the other person?s http://theworkerscompensationdirectory.com/ actions. He cannot recover anything for what might have happened. Second, in most (and probably all) states, the only recourse for an injury that occurs on the job is worker?s compensation insurance ? the employee may not sue the employer for the harm suffered.
However, if the employer violated either federal or state worker safety laws, the employee could file a complaint with the Occupational Safety and Health Administration (OSHA) for federal violations or the appropriate state agency for state violations. <br>For the original version including any supplementary images or video, visit http://boards.answers.findlaw.com/index.php/topic/225955-possible-recourse/