I file a ca osha complaint on my employer they never file one.i had a incident when I got injured form a forklift and the employer new that the person that was on the lift was not certified to use a forklift but still let him use it. so I call osha to file a report , I ask them if mt employer ever filed this accident report cal osha said no and this accident happened in march 2013 and I file this complaint myself today was it the right thing to do, or will my employer fire me.was my employer supposed to do this complaint?will this help my wc case?
I have a workers comp lawyer now I have been on wc for 9 month do to surgery , depression ,pain etc
and now i just file a SERIOUS & WILLFUL MISCONDUCT is this the right way to go?
Employment / Labor Attorney
It would be unlawful for your employer to retaliate against you in any way for making the OSHA complaint. So be on the watch for unlawful retaliation. There is an anonymous reporting process on line for future reference.
As to helping your workers compensation case, you should ask your lawyer. That is why you hired him or her. In fact, you should not do anything unless you first consult with your lawyer.
Good luck to you.
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Employment / Labor Attorney
In addition to Mr. Pedersen's sage advice, I would add that it is also unlawful for an employer to retaliate against an employee who, in good faith, expresses as safety concern to the employer, regardless of whether you file a complaint to Cal OSHA. However, for evidentiary reasons, any complaints or concerns you raise should be in writing.
Incidentally, I have been told by Cal OSHA agents that anonymous complaints are given very low priority. If you wish to get an agent out to inspect the company premises, it is recommended that you provide your name and specific details about the nature of your complaint.
They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.
I agree with both my colleagues and would only add that if you are concerned about retaliation from your employer because of your workers' compensation claim and Cal OSHA complaint, you should document your complaints in writing.