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Can you sue for an unsafe work environment? 

 

The Occupational Safety and Health Administration (OSHA) protects most private-sector workers and Federal employees from unsafe working conditions. Illinois law also provides similar protections for employees working under state and local governments as well. This means you have the right to a workplace without known health and safety hazards and the right to speak up about workplace dangers without the fear of retaliation by your employer. 

In the event that you recognize something dangerous in your workplace, you should first report the condition to your employer in writing if the situation is not one of imminent danger. If your employer does not remedy the situation or you feel the hazard is an imminent danger to yourself or others, you should then file a report with OSHA. 

When filing a complaint with OSHA, you can request that your name is withheld from your employer or you can have someone else file on your behalf, such as an attorney, labor organization, or anyone else acting as your representative (clergy, family member, social worker). The law protects you from demotion, firing, or any other form or retaliation for reporting an unsafe work environment; if you suffer retaliation, you can file a whistleblower complaint within 30 days with OSHA who will then investigate your claim.

Typically, injuries sustained while on a job site will be compensated through Worker’s Compensation Laws, covering approved medical bills and a portion of your lost wages. In certain situations, a third-party claim could be brought against a person or company who is not your employer if their actions contributed to your accident. A third-party lawsuit would allow for the recovery of losses above those of Worker’s Compensation, such as pain and suffering and emotional distress. 

You may also file a lawsuit against an employer directly if they deliberately created a specific, unsafe condition at work, the employer was aware of the condition, continued to expose you to the risk, and you were injured. Cases of this type can be complex, which is why it is best to contact an experienced personal injury lawyer to discuss your unique situation.

If you or a loved one has suffered injuries due to negligence on the job site or a defective product, an experienced personal injury lawyer can review your claim and determine if there were unsafe working conditions, potential OSHA violations, and other hazards that may have existed at the time of your accident. They will also determine who may be liable for your injuries and damages and what compensation you may be entitled to.

Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, and your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 1,000 outstanding client reviews on our website, an A+ BBB rating, and over 135 five-star reviews on Google. Call 888-572-0176, e-mail us at [email protected] or schedule a meeting with us here. We’re here 24/7.

 

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