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Is this an unsafe work environment?

Las Vegas, NV |

I work at a box office where there is continuous lighting, but a marquee strip that has been provided for light. Along with this there is a continuous clicking noise in an electrical box which I am sure controls the light. Its a confined space and sometimes I get nausea from sitting in the box for any period of time. There reason for not placing a roof above to block the "lights" is that it requires a sprinkler and I have asked a few times. Do I have a case against my employer?
I have video of the lights and such where I work.

Attorney Answers 3


  1. To have a "case" of any kind as a plaintiff one usually needs to have incurred damages. "Fear of future harm" does not usually qualify as damages. Without damages there can be no viable case. Your facts do not disclose any harm incurred by you at this time other than nausea from sitting in a confined space. No case.

    I am not your lawyer and an answer on AVVO is not intended as legal advice but is provided for general informational purposes only. If you desire legal advice, please consult a lawyer and form an attorney client relationship.


  2. Well, whatever it is, it still have to follow the state safety standards. We all like to prevent harm prior to actual harm. I suggest call the state officials and find out if this place follows the standard safety procedure. You have safety under the whistle blowing laws, and hazardous standards also. Probably, you don't need to disclose your identity. Of my head, I can't tell you who would be the right person. Just call State Office and ask the operator, she would connect you to someone.

    Only see a licensed attorney before you make any decision. This answer may not be perfect in any given situation. However, more fact may be required by your local attorney. If you are in Las Vegas, you are welcome to send your questions regarding Chapter 7, or 13 to Attorney Malik Ahmad at Malik@lasvegaslawgroup.com or www.fastbankruptcynevada.com or by calling (702) 270-9100. In many cases, we do not charge initial consultation fee.


  3. Exclusive Remedy
    Nevada, and most other states, provides statutory protection for employers who purchase workers compensation insurance. Generally speaking, an employee does not have the legal right to claim additional damages against their employer, unless there is a proof of gross negligence or other unique circumstances such as willful intent. This means that employees must accept the benefits paid by workers compensation as their sole remedy, or sole source of compensation. Exclusive remedy is a strong concept that has held up to repeated legal challenges, and offers a strong incentive for employers to purchase coverage. Remember also that the converse is true: if an employer does not purchase workers compensation coverage they forfeit the protection offered by exclusive remedy.Workers' rights under the OSH Act

    Workers are entitled to working conditions that do not pose a risk of serious harm. To help assure a safe and healthful workplace, OSHA also provides workers with the right to:

    Ask OSHA to inspect their workplace;
    Use their rights under the law without retaliation and discrimination;
    Receive information and training about hazards, methods to prevent harm, and the OSHA standards that apply to their workplace. The training must be in a language you can understand;
    Get copies of test results done to find hazards in the workplace;
    Review records of work-related injuries and illnesses;
    Get copies of their medical records;

    The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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