State Laws
What can I do if I find unsafe working conditions?

There are two primary things you can do if you find unsafe working conditions at work. You should notify your employer and give the employer a chance to fix the problem. You can also file a claim with the federal Occupational Safety and Health Administration ("OSHA").

Filing a claim with OSHA

If your employer does not correct unsafe working conditions, you can file a claim with the federal Occupational Safety and Health Administration (OSHA) and/or your state agency that enforces the federal requirements. You can usually find the telephone numbers for those agencies in the "Government" section in the phone book. You may also call a lawyer who specializes in employment law (an employment attorney) to help you pursue your claim.

How long do I have to file a claim?

The time limits vary from state to state and depend on the type of claim you have against your employer. Since your deadline could be very short - even a matter of days - you should contact an attorney and/or OSHA as soon as possible.

What will OSHA do if I file a complaint?

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

May my employer fire me for filing a claim?

Generally, you cannot be "retaliated against" for filing a claim or complaining about unsafe working conditions. And even if it turns out that your workplace was safe after all, your employer still can't fire you for your complaint as long as you made your complaint in good faith. So, if your employer fires you or threatens to fire you for complaining, you should contact an employment lawyer and/or OSHA immediately.

Lawsuits

Normally, you will not be able to sue your employer if you get sick or if you are hurt because of a safety violation. You will probably have to file a worker's compensation claim instead. Worker's compensation is usually the only way you can recover money for the job injuries and lost wages you suffered because of an unsafe workplace. Contact a lawyer who specializes in worker's compensation law to help you pursue your claim. But you might be able to sue your employer (rather than filing a worker's compensation claim) if your employer did something that was clearly intentional and meant to hurt you (such as pushing you off a scaffolding). In that case, if you are able to file a lawsuit, you could recover money damages much higher than a worker's compensation award.

If you have questions about unsafe working conditions, contact a labor lawyer in your area.

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