Unsafe work place and injury Started by poolplayer1952 , Mar 13 2014 06:13 PM Please log in to reply 6 replies to this topic 3 posts Posted 13 March 2014 - 06:13 PM The employer was notified several times" 50 or more" that the workplace was unsafe and dangerous. No actions were taken to solve the problem by employer. An employee fell and got hurt and he was blamed for the injury . The employee has been out of work for a while with NO COMPENSATION AT ALL. Can't say anything else. Need to talk to someone that knows employee rights at the workplace. Employee has legal counsel, but needs to talk to someone else to make sure the proper actions are being taken. Please respond ASAP. 58,715 posts Posted 14 March 2014 - 06:53 AM It's unclear what it is you're expecting from the message board, esp. given you haven't mentioned what state. We can give feedback on particular questions, but it seems you have a broad-scope education expectation that might be better served by googling "[name of state] workers' compensation". I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics. If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable. Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation. 99 posts Posted 14 March 2014 - 12:07 PM Greatly depends on the facts if the case. If OSHA regulations were violated, then OSHA can sanction the employer. If it is building code, then there is an office in your municipality you could report to. If a 3rd party is at fault, a liability claim is possible. If it was something which was an obvious major hazard which resulted in serious harm, it is sometimes possible to bring a negligence suit in addition to WC. If it is just a run of the mill injury caused by a minor flaw or personal opinion about how it could be done better, WC is the remedy. If there is already a lawyer handling the claim, then listen to the lawyer. They will know if there are any other actions which should be taken or other parties to pursue. 44,037 posts Posted 14 March 2014 - 01:53 PM Ok, Can an employer be held responsible for not making the workplace safe after reporting it to them a number of times and then resulting in an employee's injury?
Depends on the applicable state law (you didn't identify the state where this occurred), the relevant facts, and on what exactly you mean by "held responsible." Generally, a workers' compensation claim is an employee's exclusive remedy for a workplace injury, but there are many exceptions that vary from state to state. And, as noted in the immediately prior response, if the situation is such that OSHA or some similar state agency might issue fines, that would, in my opinion, constitute "be[ing] held responsible." Do you disagree? Also agree about the potential for a third party negligence or strict liability claim if warranted by the relevant facts. <br>For the original version including any supplementary images or video, visit http://boards.answers.findlaw.com/index.php/topic/229734-unsafe-work-place-and-injury/