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Can I sue my previous employer for unsafe working conditions? I along with current employees want to pursue legal action.

Hudson, NY |

I had worked for a company driving a commercial truck for deliveries in Manhattan. My day would start at 330 am and continue sometimes till 10 at night. Averaging at least 16 hours of driving a day, sometimes even 20. New York state DOT claims that drivers should not drive any more than 11 hours with 10 hours of off time in between shifts. I had weeks were I had worked almost 70 hours in 4 days. 4 days in a row with only sleeping 5 hours in between. This is dangerous. I had struggled to not fall asleep at the wheel many times. I have since then quit, and am receiving unemployment benefits because of these conditions. A former colleague of mine recently was doing a week like this and crashed his car into a tree on his way to work. Is there a case for either or both?

Attorney Answers 3


  1. Actually, your question involves various issues of law. First, the conditions imposed by your former employer may constitute an unsafe and hostile workplace. Second, you should determine whether you were paid overtime under NY labor law.third, you probably have a worker'sCompensation compensation claim, which would be separate and distinct from the other issues raised above. Last, you may have a federal claim as well. Ideally, if other employees would be willing to consider filing claims similar to yours, you might be in a better bargaining position. Good luck to you.


  2. Yes, New York State law does provide some causes of action especially for truck drivers. Also consider contacting OSHA

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/employattorney) or Facebook (http://www.facebook.com/WhiteRicottaandMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.


  3. You may have an overtime claim given the hours you worked and you can contact OSHA regarding any unsafe work conditions.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/employattorney) or Facebook (http://www.facebook.com/WhiteRicottaandMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.

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