Is there anything I can do if my company puts me into a dangerous situation that they know about, without informing me?

Asked over 1 year ago - Royersford, PA

I am a home health care provider. I was placed into a dangerous situation without being informed of what could happen. I am wondering if there is anything I can do about this, because we are supposed to be informed about every client and we are given a care plan that is supposed to have everything we need to know. My company was aware of the situation that I was going into, but failed to tell me.

Attorney answers (8)

  1. Gregory S. Shields

    Contributor Level 11

    10

    Lawyers agree

    Answered . Your employer cannot be held liable for any injuries or emotional distress you have suffered. Your sole remedy against them is through a worker's compensation action. You may recover against the individual who caused the dangerous situation, however.

    This communication is intended as general information and not specific legal advice, and this communication does... more
  2. Stewart C Crawford Jr.

    Pro

    Contributor Level 16

    9

    Lawyers agree

    Answered . If you are asked to perform a duty that endangers you, you can refuse to do the task. If the company’s acts are illegal you might need to alert the appropriate regulatory agencies including OSHA. Keep in mind, any opposition to the company could be met with retaliation including a challenge to your right to recover unemployment compensation benefits. Before taking any actions, you should meet with an attorney.

    Stew Crawford, Jr., Esq.

    Crawford Law Firm
    A Full Service Law Firm Serving Pennsylvania & New Jersey

    Philadelphia Area Office
    223 North Monroe Street
    Media, Pennsylvania 19063
    877-992-6311
    www.crawfordlaw.org

    E-Mail: employment@subrolaw.us

    All information provided in this comment is intended for informational purposes only and does not, by itself,... more
  3. Sandra B. Worthington

    Pro

    Contributor Level 12

    9

    Lawyers agree

    Answered . You haven't alleged an injury in your inquiry. If you aren't injured you do not need a personal injury lawyer. I agree with Mr. Shields in his advice. Good luck1

    Legal disclaimer: The statement above provided by Sandra Worthington, Esq. is general information and not... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . If you were injured, you would have a workers comp claim.

  5. Robert Bruce Kopelson

    Contributor Level 20

    8

    Lawyers agree

    Answered . There could be regulatory violations depending upon what caused the danger, and what warnings and supplies/equipment should have been supplied to you because of the situation. Speak to a comp atty and employment law atty.

  6. Michael R Crosner

    Contributor Level 20

    7

    Lawyers agree

    Answered . This question should be directed to a workers' compensation attorney there are many good local ones listed on AVVO under find lawyers.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  7. David B Sherman

    Pro

    Contributor Level 11

    3

    Lawyers agree

    Answered . If nothing happened to you, you have no cause of action. However, I would be concerned about the future. I would speak to my employer about this. If you are going to be subjected to unreasonable hazards in the future, you may be able to quit your job and collect unemployment compensation in Pennsylvani), which unfortunately is not a satisfactorily solution. It might also be helpful in assessing your situation to know what potential hazard you were subjected to.

  8. Gladys E. Wiles

    Contributor Level 10

    1

    Lawyer agrees

    Answered . Typically you are limited to a worker's compensation claim against your employer. The only exception would be if your employer committed gross negligence in causing your injury. This assumes that you of course were injured in some way because of the employers alleged gross negligence. This, however, is a difficult burden to meet when attempting to circumvent the worker's compensation exclusivity provisions.

    You should contact a worker's compensation attorney to discuss your rights and your case.

    Best of luck.

    Gladys Wiles

    The information contained in this Website is provided for informational purposes only, and should not be construed... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,019 answers this week

2,861 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,019 answers this week

2,861 attorneys answering