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 not create an attorney-client relationship. To get legal advice, consult an attorney in your local area or the area where the issue is located. It should not be relied upon as legal advice. The response is based on the limited facts provided, and without any independent investigation of the author. Given additional or different facts, the response would likely change. The attorney providing this response is licensed in Pennsylvania and New Jersey, and you should contact an attorney in your jurisdiction if it is outside those jurisdictions.
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 . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
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
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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.
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 intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by Sandra Worthington, Esq. and Worthington Law Group does not create an attorney/client relationship within any state or under Federal law.
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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