Jump to content
Sign in to follow this  
Cheechako2

Possible recourse

Recommended Posts

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.

******

Edited by FindLaw_AHK
This post has been edited to remove personal or identifying information. -Moderator

Share this post


Link to post
Share on other sites

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 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.

Share this post


Link to post
Share on other sites

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.

. . .

 

Is this legal and does the employee have any recourse?

 

Is it legal for an employer to place an employee in a situation that might have resulted in serious injury?  Of course it's legal (at least as a general matter, which is all I can comment on since you provided no specific facts).  It happens all the time.

 

Is it legal for an employer not to provide an employee with "protective measures"?  Depends on what was being done and the laws of the unidentified state where it occurred.

 

Recourse for what?  Your statement that "serious injury" "might have resulted" suggests that no actual injury occurred.

Share this post


Link to post
Share on other sites

It is a difficult question to answer with such few facts.  But if the employer is having someone work with equipment that is inherently dangerous, or a situation which would be deemed potentially dangerous by a reasonable, prudent man, then your State equivalent to OSHA should be contacted.  They can determine if possible violations have occurred.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

×
×
  • Create New...