Justia Lawyer Rating
RDF Ratings - Best Attorneys of America
Million Dollar Advocates Forum
Avvo Rating - Top Attorney, Personal Injury
BBB Acredited Business
Avvo Reviews
Distinguished 2023
Peer Rated 2023

Navigating Perilous Work Environments: A Legal Perspective

Essential Measures To Implement When Facing Workplace Health or Safety Threats

The federal Occupational Safety and Health Act (the OSH Act), along with corresponding state regulations, provide you with a series of rights should you encounter hazardous conditions at your place of employment. The steps you need to take to address these unsafe situations can vary based on the immediacy and severity of the risk faced.

Immediate Actions for Critical Workplace Dangers

Should you believe that your life, or that of a colleague's, is at immediate risk due to a workplace hazard, asserting your right to abstain from work is within the protective measures granted by law. Urgently contact the United States Department of Labor's Occupational Safety and Health Administration (OSHA) using their emergency hotline at 800-321-OSHA (6742). In cases requiring urgent medical assistance, the priority should be to call 911.

Consider these criteria to determine the presence of immediate danger:

  • There exists a real risk of death or severe physical harm due to the performance of your job.
  • The employer has been notified but neglects to address the issue.
  • There is insufficient time to mitigate the threat via alternate methods, such as seeking an OSHA evaluation.

In certain jurisdictions, you can refuse to work based on non-life-threatening perils. To better understand the workplace safety laws applicable to your state, contacting your state labor department is advised.

Managing Non-Urgent Workplace Hazards

If the threat at your workplace doesn't pose an immediate danger, begin by informing your employer about the hazard. There is a chance your employer is unaware of the issue and will resolve it swiftly. Document your request comprehensively, whether in writing or by recording pertinent details of the request, including date, recipient's name, and a synopsis of the discussion.

Should you feel intimidated in approaching your employer, bypass this step and report directly to OSHA or your state's equivalent agency.

If your employer refuses to act on your complaint or if retaliatory actions are taken due to the report, your follow-up should be filing a complaint with OSHA or your state agency. OSHA's website provides instructions for lodging a complaint, which can be done anonymously or with your identification disclosed.

Both federal and state laws protect you from employer retaliation for refusing to work under hazardous conditions, for reporting health and safety infractions, or for exercising your rights under the law.

For additional insights into federal legislation, visit www.osha.gov. State-specific information can be obtained through your state labor department.

Should you have already suffered an injury at work, experiencing anything from head trauma to back injuries or other severe afflictions, it’s paramount to consider your financial safeguards. Covering medical expenses and recouping lost wages is crucial. You may be covered by workers' compensation regulations or eligible to file a third-party claim. If your workers' comp offer falls short of your expectations or you suspect a claim is viable, Flaxman Law Group is here to help. Get in touch with our team at 954-987-0099 anytime to schedule a complimentary, no-obligation case evaluation. Your safety is our priority.

Client Reviews
"Friendly and professional customer service. From the receptionist to the paralegals, everyone makes you feel comfortable. Best firm I’ve ever dealt with." Catherine M.
"Thank you! This guy is great and really knows what he is doing. I've had to hire several people throughout the years for similar services and Mr. Flaxman is the best by far. I would recommend him to anyone.” Jeff W.
"Very prompt reply. Confident in his abilities. Educated me so I wasn't overwhelmed with the lingo. Very personable. Thank you again for helping me out Mr. Flaxman!!" Tayla M.
"Best attorney and very friendly. He fights for your rights and moves very quickly. If you have any questions, he is always there to answer. I felt at home and relieved knowing he was working on my case. I recommend everyone to get directly to him." Daniella E.
"If you're looking for representation but want to feel like you are working with someone who sees you as more than a name on a list of clients, this is the place for you. By the end of my first call, I felt something I had never felt when seeking any type of legal representation, I felt that I mattered! I wasn't treated as one more case to be handled by a stranger, I felt that I was speaking to a long life friend, who had a sincere desire to help me. Whenever I am asked if I can provide a reference for representation, I don't think twice... I always direct them to one place - Flaxman Law. Flaxman team - thank you for always making me feel like family!" Lori F.