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.
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
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.
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.
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