When considering how to sue your employer for unsafe working conditions in TX, it’s important to explore the types of unsafe working conditions, your legal rights, and the steps to take to protect your best interests.
Some unsafe working conditions may be the fault of a third party, such as the equipment manufacturer or contractors who service heavy machinery. A Houston personal injury lawyer can go over the details of your case and help you move forward.
Types of Unsafe Working Conditions
Before you can take legal action against your TX employer, you must be able to show that the employer had hazards that were both known and not prepared for as expected under the state’s safety guidelines. Unsafe working conditions are a broad term that can apply to a wide range of situations in which employees are put at unreasonable risk of harm. This prevented you from doing your job safely.
Some examples of common unsafe conditions that you may seek legal action against include:
- A lack of necessary safety equipment required under law for the type of work you do, including any type of missing or broken equipment you use to prevent injury, such as shields or guards.
- Unsafe conditions related to equipment used on the job, such as unsafe electrical systems or scaffolding that is unsafe to use.
- Hazardous exposure to chemicals or materials occurs without the necessary steps to prevent it and protect you. This might include chemicals like asbestos, pesticides, or known carcinogens.
- Poor cleaning and hygiene practices that lead to slips and falls, or other types of accidents on the property, including clutter, slippery conditions, or poor visibility
- Equipment or processes are not properly maintained as required by the safety industry and applicable regulations, or as directed by the manufacturer, resulting in your injuries.
- Lack of emergency protocols to deal with complications or concerns when they happen to minimize worsening conditions
- Lack of training in handling unsafe conditions, monitoring for risks, or operating equipment as expected to avoid safety concerns.
- Exposure to disease or environmental factors that may cause illness or cancer later, especially when the risk is understood.
- Workplace harassment and violence that is recognized or that occurs due to the lack of a written and followed policy.
In each of these situations, you may have a valid case to seek legal action against your employer for the role they played in what happened to you. Because the burden of proof is on your shoulders as the victim in this situation, it is wise to work with an attorney who can help you pursue legal action appropriately.
Understand Your Legal Rights to Take Action in Texas
The Occupational Safety and Health Act of 1970 (OSHA) and the Texas Labor Code Chapter 411 provide you with protections as an employee. Workplaces should be free of known and expected hazards that put workers at risk. You can, as an employee, refuse to work in an unsafe environment. You also have the right to seek legal action against those who fail to act to protect you.
Under the Texas Labor Code, specific rules determine what constitutes safe conditions based on the industry. These differ based on the specific risks known within any given requirement. When employers violate these safety regulations, and you suffer an injury as a result of that violation, you can seek legal action against the employer, including seeking a lawsuit for the losses you incurred.
It is also important to know that your employment has protections. An employer cannot legally fire you, demote you, or otherwise retaliate against you if you report that working conditions are unsafe to the state or OSHA.
If you believe your employer has engaged in this illegal practice, you also have the right to file a lawsuit against them to hold them accountable for taking these steps. We encourage you to work with a workers’ compensation attorney in Texas to navigate these steps.
Steps to Suing an Employer for Unsafe Working Conditions
If you believe you have a valid claim for unsafe working conditions under Texas law, there are several steps you need to take to build your case and seek legal action. Work under the guidance of an attorney throughout this process:
- Document your employment status. Texas does not require all employers to maintain workers’ compensation insurance. In situations where your employer has insurance, you may face limitations to that system and cannot seek legal action. If they are a non-subscriber, then you may be able to prove negligence and seek legal action.
- Report the unsafe conditions. Document the unsafe conditions with clarity, including through video and photos. Then submit a claim to OSHA regarding the concerns. This complaint will allow for a formal investigation to get underway, building your claim.
- Get the evidence you need. Your next step will be to gather all evidence to prove that the employer engaged in unsafe working conditions that led to the losses you suffered. It will be necessary to obtain medical records, policies, guidebooks, and incident reports to document this.
- Consult with an attorney. You can file a lawsuit in the court of law with jurisdiction within that community. Hiring an attorney to pursue this process may reduce some of the conflict and allow you to pursue a lawsuit more readily.
Document the incident thoroughly and allow your attorney to help you show your rights to file a lawsuit. You should not lose your job or face any type of retaliation for taking these steps. You have rights that need to be protected.
What to Do Now in an Unsafe Working Situation
If you are working and need to maintain your employment but know the working conditions are unsafe, contact an attorney right away for guidance. Your attorney will encourage you to document what is occurring in detail.
After a negotiation with the insurance company, your attorney may seek legal action through a lawsuit. In those situations, you certainly want to be ready to take on the process with confidence. Call Lowe Law today to schedule a free consultation with a Houston personal injury attorney.