Workers’ Compensation Attorney Straight Talk: Workers’ Rights Under OSHA (By An OSHA Lawyer)
Workers’ Compensation Lawyer Straight Talk
This is one in a series of Workers’ Compensation Attorney Straight Talk articles. In these articles we give it to you straight. We lift up the hood, so to speak, to let you see the nuts and bolts of how work injury law really operates. We give it to you straight. Oftentimes it isn’t pretty. But it is the unvarnished truth by a Workers’ Compensation Attorney. If you Google “Workers Compensation Lawyer Straight Talk” or “Workers Compensation Attorney Straight Talk” you will find dozens of great useful articles to help you win your workers’ compensation case.
What is OSHA?
The Occupational Safety and Health Administration (OSHA), is a federal agency of the United States that regulates workplace safety and health.
Injured Workers Abandoned by Workers Comp
Workers gave up the right to sue the employer in return for being properly compensated if injured. The deeming process has completely abolished this safety net for injured workers. www.operationmaple.com http twitter.com
What Does OSHA Mean To You?
Under OSHA Laws, workers are entitled to working conditions that do not pose a risk of serious harm. What does this mean? It means that you don’t have to work in unsafe conditions or in places, situations and/or circumstances that are dangerous and/or hazardous. OSHA gives employees and their representatives the right to file a complaint and request an OSHA inspection of their workplace if they believe there is a serious hazard or their employer is not following OSHA standards.
OSHA provides workers with the right to work in a safe environment. To help assure a safe and healthful workplace, OSHA also provides you with worker safety rights. Here are some of the worker safety rights OSHA laws provide you:
New York, New York (PRWEB) December 28, 2011
A teenager was critically injured in a forklift accident at a Brooklyn armory, reported the New York Post (12/19/2011).
Yanky Stein, 17, lost control of the forklift he was driving and smashed his head into a beam on the ceiling, according to the New York Post.
New York personal injury lawyers at The Perecman Firm predict Steins employer will be in trouble with The Occupational Safety and Health Administration (OSHA).
OSHA specifically says, it is a violation of Federal law for anyone under 18 years of age to operate a forklift or for anyone over 18 years of age to operate a forklift who is not properly trained and certified to do so.
It was the responsibility of the employer to notify Stein and other underage or untrained and unlicensed employees that they cannot operate a forklift, said New York personal injury lawyer David Perecman, founder of The Perecman Firm and one of New Yorks top personal injury lawyers*.
If an operator has not been adequately trained and evaluated according to OSHA guidelines, New York personal injury lawyers at The Perecman Firm understand the employer can be found negligent.
Stein was helping to dismantle a stage following an evening celebration of the 67th anniversary of Satmar Rebbe Yoel Teitelbaums escape from Hungary during the Nazi occupation, said The Wall Street Journal (12/19/2011).
If you have been injured or lost a loved one in a New York forklift accidentor personal injury accident, please contact the experienced personal injury lawyers at The Perecman Firm at http://www.perecman.com.
About David Perecman and The Perecman Firm, PLLC:
For the past 30 years, the New York personal injury, medical malpractice, auto accident, and construction accident lawyers at The Perecman Firm, PLLC have handled all types of cases including age and disability discrimination. David Perecman, founder of the Firm, is a Board Director and the past Secretary and Treasurer of the New York State Trial Lawyers Association (NYSTLA) and a chair of its Labor Law Committee. Mr. Perecman's achievements have brought him recognition as an Honoree in the National Law Journal's Hall of Fame, in...
Right Not To Work In Hazardous Conditions
You have the right to refuse to perform work that would violate an OSHA standard or order where such violation would create a real and apparent hazard to you or your co-workers.
Ask OSHA to Inspect Your Workplace
If you see or encounter an unsafe condition at work, you can call OSHA and report the danger or hazard. Simply call OSHA and they will come to your workplace. Sometimes in hours. You can even do this anonymously. If you are concerned about confidentiality, you may prefer to file your complaint from your home computer or a computer in your local library. Or you can ask that your name not be revealed to your employer and they won’t reveal your name.
Use Your Rights Under OSHA Laws Without Retaliation and Discrimination
OSHA laws protects you. If you report an unsafe condition to OSHA or discuss unsafe conditions with OSHA or when the OSHA inspectors come to your workplace – - the law protects you from discrimination or retaliation by your employer.
Receive Information and Training
You are entitled to receive information and training about hazards, methods to prevent harm, and the OSHA standards that apply to their workplace. The training must be in a language you can understand.
Get Test Results
If testing by OSHA is needed in order to determine whether you are being exposed to hazardous chemicals and/or hazardous substances in the workplace, you can get copies of test results done to find hazards in your workplace.
Get Records
You are entitled to review records of work-related injuries and illnesses in your workplace. You have the right to see and copy your medical records and records of your exposure to potentially toxic materials or harmful physical agents. Your employer must must allow you access to accurate records of your exposures to potentially toxic materials or harmful physical agents, and notify you of any exposures in concentration or levels exceeding the exposure limits allowed by Cal OSHA standards.
Where to Report Workplace Safety Violations
Some States are covered by Federal OSHA and some States have their own OSHA programs. OSHA permits states, such as Michigan (MIOSHA) or California (CAL OSHA), to develop approved plans as long as they cover public sector employees and they provide protection equivalent to that provided under federal OSHA regulations. Complaints from workers in OSHA-approved state plan states will be forwarded to the appropriate state plan for response.
The Bottom Line
If you work in a serious or dangerous environment, you owe it to your family to do something about it. I know you can’t just up and walk out of work on a whim. You don’t have to. Make a call to OSHA. Tell them what is going on at your workplace. Pull out your phone and take a photograph to document the condition if needed.
Here is the real deal. We represent seriously injured workers. We have been doing so for years. Do you and your family a huge favor. Don’t needlessly work in a dangerous environment. If you call OSHA first, you may be preventing your own serious injury – or death. Don’t take a chance with your health and safety.
Disclaimer
This article is not legal advice. Your circumstances may differ from those described herein. I am simplistic in order to achieve clarity. If you are seriously injured at work, hire the best workers’ compensation lawyer you can find. Finally, when you bring a court case, always tell the truth.
Bill Turley is the leading California Workers’ Compensation Lawyer with offices in San Diego, Oakland, Los Angeles, and San Francisco. He is a Super Lawyer and has the highest AVVO Rating and was elected President of the Consumer Attorneys. Bill is a San Diego Workers’ Compensation Attorney.
Source: http://www.submityourarticle.com
