seeking damages for unsafe working enviroment
I work for a very large union. I am a maintenance worker for them. The building I help maintain is constantly in need of remodeling and repairs. None of which permits are pulled to do this extensive work. I have been put many times in hazardous conditions to my safety and helth while doing these projects. They cut corners to save money and don't remodel to code. I have also been forced to handle flood situations in the basement of the building where the electrical supply room is and the elevator rooms are. These rooms obviously are equipt with high voltage. Proper safety measures are not practiced to clean the flooded areas. Again, my safety and heath are put on the line handeling these problems. My boss has me load drywall on top of the elevator cars to take them to various floors throughout the building. How safe is that? This has been progressively getting worse as my employment has lengthened. I left work earlier this week and went to the doctors sick. The doctor felt I may have contracted a virus from cleaning up all the flooded areas in the basement within the past couple of weeks. I am at home on sick leave and have thought long and hard about the terrible working conditions that I have been subject to. I want to seek compensation for for my high level of stress and discomfort this job has cost me. I need to find a safer job enviroment to work in. I should not have to work under these conditions. Do I have a case?
1 answer | asked Aug 22, 2007 09:04 AM [EST] | applies to Ohio
Answers (1)
You do not have to work under the conditions that you describe. It is shameful that your employer is a union. Union's are devoted to helping the worker.
Ohio has many laws that address workplace safety. Most of them are remedial in nature. That is, the objective of the laws is to force employers to make the workplace safe. To that end, you can complain to a number of state and federal agencies, like OSHA, to seek enforcement of the safety laws. In theory, this forces the employer to stop placing you in hazardous conditions.
In reality, many employers comply with the safety laws only to the extent necessary to deal with the investigative agency. Those employers tend to frown on their employees who are complaining about, and causing scrutiny of, the unsafe conditions. By complaining, you thus place yourself at risk of retaliation by the employer.
If the employer discharges you for complaining, you have a number of claims for lost wages and compensatory and punitive damages against the employer. You must go through a lawsuit to recover those damages, however.
In your case, I suggest that you consult with an attorney who can help you evaluate the benefits and risks of standing up for your rights. In the meantime, look for another place to work. If you have a fall back position, it opens up your options considerably. Finally, you may have a potential workers compensation claim.
If you would like to consult with our firm, call Jenny at 330.665.5445, ext. 0 and she can get you on my calendar.
Best regards,
Neil.
posted by Neil Klingshirn | Aug 30, 2007 08:36 AM [EST]
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