Getting hurt at work can be frightening enough without worrying about your job, your paycheck, or whether your employer will blame you for what happened. The same is true when you know your workplace is unsafe but are afraid that speaking up could put your position at risk.
New York employees have important protections in these situations. A workplace injury may give you rights under New York’s workers’ compensation system, while reporting unsafe conditions can create additional protections against retaliation.
Understanding what to do early can help protect both your health and your legal rights.
Workplace safety is a separate issue from workers’ compensation. If you believe your employer is exposing employees to a serious safety or health hazard, you may have the right to report the condition to the Occupational Safety and Health Administration (OSHA) and request an inspection. OSHA allows workers to make safety complaints and, in appropriate circumstances, to request that their identity remain confidential.
Don’t assume that you have an unlimited right to walk off the job because you believe a condition is dangerous. OSHA recognizes a limited right to refuse work when specific requirements are met. This includes circumstances involving a genuine and serious threat of death or serious injury.
Many employees hesitate to report an unsafe workplace because they are worried about being fired, disciplined, demoted, or treated differently afterward.
Federal safety laws provide protections against retaliation for certain safety complaints and other protected activity. OSHA specifically identifies firing, demotion, discipline, and other adverse treatment as potential forms of retaliation.
Timing can also matter. Some OSHA whistleblower complaints have very short filing deadlines, often as little as 30 days, so it is important not to ignore a sudden disciplinary action or termination after raising safety concerns.
An injury or unsafe workplace can affect much more than your physical health. Maybe you’re worried about missing a paycheck. Perhaps there’s concern about losing your position or damaging your reputation at work. Somtimes you just don’t want to risk being labeled a difficult employee because you raised a safety concern.
For that reason, keep copies of relevant documents and communications, including:
Use your personal email and devices when communicating with an attorney rather than your employer’s systems.
Most importantly, do not assume you have to handle everything yourself.
If you have been injured at work, are dealing with unsafe working conditions, or believe your employer has retaliated against you for speaking up, Borrelli & Associates, P.L.L.C. can help. Call us to schedule a consultation and discuss your situation with an experienced New York employment attorney.
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