If the event of a workplace hazard, the Occupational Safety and Health Act and other state laws are clear on your rights. How the unsafe conditions should be dealt with depend on how serious and immediate the danger is.
If you feel that your life is in imminent danger due to a workplace hazard, you have every right to refuse to work. For imminent danger to exist, the following must be true:
- Your employer refuses to rectify the problem
- You believe that performing a task poses a real danger of death or a serious injury
- There’s not enough time to eliminate the danger through any other way
If the Danger Is Not Imminent
If the danger is not deemed imminent, the first thing to do is ask your employer to sort out the problem. If your employer doesn’t know about the hazard, they won’t to know to deal with it promptly!
You must remember to document your request, either in writing or jotting down notes of the date you made the request, who you spoke to, and what was said. If you are hesitant to go to your employer, complain to OSHA or a similar state agency.
If your employer fails to act or takes action against you for complaining, take your complaint to OSHA.
Both state and federal law prohibit the employer from retaliating against you if:
- You refuse to work
- You complain about a health and safety violation
- You assert your rights under these laws
Did Unsafe Workplace Equipment Cause Your Injury
If you believe that dangerous tools or equipment, unsafe workplace issues, or maintenance failure were what caused your serious work accident, our legal team at Dansker&Aspromonte are here to help.
We work tirelessly to evaluate and pursue claims against subcontractors, product manufacturers, and anyone else whose negligence caused your injuries.
If you have been injured in an unsafe workplace accident or tragically lost a love one, contact our expert legal team for a free consultation.
We have a Winning Record of Success at Trial in New York City
Our dedicated trial attorneys at Dansker&Aspromonte will not and cannot be intimidated by the complexity of any opponent or case in litigation. We have a highly favorable track record of success in cases that involve:
- Injuries to police officers, firefighters, and all types of public servants
- Explosions, fires, and toxic exposure on work sites
- Falls from scaffolding and other construction accidents
Book Your Free Consolation Today
We have access to a broad range of experts in industrial safety, accident reconstruction, and other areas of knowledge that could prove critical to your unsafe workplace accidents. With 35 years of personal injury experience, our team will take your situation seriously and consider every possible angle that could help you get the compensation you justly deserve, whether that’s fighting for a settlement or bringing a lawsuit against the provider or maker of dangerous workplace products.