Got Trouble? We can help.

Filing claims

There are two primary things employees can do if they claim they are working in unsafe conditions. The can simply notify you and give you a chance to fix the problem. They can also file a claim with the federal Occupational Safety and Health Administration.

• Filing a claim with OSHA
• How long does the employee have to file a claim?
• What will OSHA do if an employee files a complaint?
• Can I fire an employee who filed a claim?
• Lawsuits
  
  

Filing a claim with OSHA

If you don't correct a safety problem in the workplace, an employee can file a claim with the federal Occupational Safety and Health Administration (OSHA) and/or the state agency that enforces the federal requirements. If a claim has been filed against you, you should contact a lawyer who specializes in employment law to help you respond to the claim.

How long does the employee have to file a claim?

The time limits vary from state to state and depend on the type of claim the employee has against you. The deadline could be very short - even a matter of days.

What will OSHA do if an employee files a complaint?

OSHA must investigate the claim. OSHA might even send an agent to your workplace to investigate the claim. The agent should act as if OSHA got an anonymous tip, and the employee's name will not be used in the investigation. OSHA's investigators have the power to force you to fix unsafe conditions or risk being shut down.

Can I fire an employee who filed a claim?

Generally, you cannot "retaliate" against an employee for filing a claim or complaining about unsafe working conditions. And even if it turns out that your workplace was safe after all, you still can't fire the employee for the complaint as long as the complaint was made in good faith.

Lawsuits

Normally, an employee cannot successfully sue in court if the employee gets sick or is hurt because of a safety violation. The employee will probably have to file a workers' compensation claim instead. Workers' compensation is usually the only way an employee can recover money for injuries and lost wages suffered because of an unsafe workplace.

But an employee might be able to sue you (rather than filing a workers' compensation claim) if you did something that was clearly intentional. In that case, the employee could recover money damages much higher than a workers' compensation award.