San Diego Worker Safety Lawyer

Worker Safety

Worker Safety Lawyer in San Diego, California

Employees are a company’s most valuable asset, so it is the employer’s responsibility to ensure their health and safety at work, including workers’ compensation insurance to cover incidents. The California Department of Industrial Relations is entrusted with creating regulations to safeguard workers against hazardous working environments, yet statistics show that the possibility of accidents is still worrisome. Even while you have choices for dealing with workplace safety issues, you presumably worry about the consequences when you pursue your legal remedies.

You have the right to require your employer to abide by the applicable laws and pay you for any injury or dangers you may have been exposed to due to their failure to provide a safe working environment. Our dependable lawyer at the Benner Law Firm is aware of your worries and frustrations when your employer fails to take the necessary steps to maintain workplace safety. We are committed to providing a variety of legal choices to workers in your situation.

We accept cases that other law firms won’t accept due to our extensive track record of success and our confidence in our abilities. We’re excited to go into further detail during our initial discussion about why you can trust us. Get in touch with our knowledgeable San Diego personal injury attorney immediately if you’ve been injured at work.

Injured on the Road?

Call our car accidents lawyer in San Diego, CA to get compensated for your injuries.

Why do I need a Worker Safety Lawyer in San Diego, California?

Anybody hurt at work can attest to how traumatic it can be. You can be dealing with a physical and mental injury, which makes managing your workers’ compensation claim seem like a losing battle. To get some help and make sure your rights are upheld, it might be in your best interests to consult a San Diego worker safety attorney. With the help of an experienced attorney, you can navigate the system’s complexities and understand them.

You can receive all the benefits you are entitled to with the help of an experienced worker safety attorney. Remember that you cannot sue your employer for benefits you previously received via workers’ compensation. However, if you sustain more injuries, you may decide to bring a separate civil claim against your employer or another party. If your harm was brought about by an employer’s deliberate activity, or you endured emotional distress or discrimination due to the employer’s activities, you might seek a damages judgment.

Workers’ compensation insurance is a legal requirement for a business in case an accident at work causes lost time from work, medical costs, or other problems. Particularly if your injuries are serious, everything might be very confusing. If you’ve been injured at work and require skilled legal help concerning a potential workers’ compensation claim, you can get an initial examination of your claim by a reputable worker safety lawyer right away.

Contact our dependable San Diego worker safety lawyer at Benner Law Firm to get the personal injury representation you can rely on.

California Worker Safety Laws Application

The federal Occupational Safety and Health Act (OSHA) states that employees have a right to a workplace free of hazards. It is the main statutory source for workplace safety issues in the United States. California’s version of OSHA contains federal protections as well as broader laws and regulations regarding:

  • Handling dangerous chemicals and being exposed to them;
  • Repetition-related injuries;
  • Child labor;
  • Exposure to heat and noise; and
  • Many more

Cal/OSHA upholds labor rights through random inspections and handles grievances brought forth directly by employees. Employees who make such complaints are prevented from being fired or subjected to other forms of reprisal.

Schedule an appointment with our reliable personal injury attorney to learn more about California law’s provisions for worker safety. Call our law office today!

Exposure to health and safety risks at work

Most of the time, your employers will expressly state any health and safety risks at work, if only to protect themselves from litigation. However, you can learn more if you operate in a setting where known toxins or dangerous substances are present by asking to see the Material Safety Data Sheets (MSDS), which are necessary for such settings. Additionally, most dangerous materials will have clearly visible warning labels.

The Centers for Disease Control (CDC) recommends a range of measures, such as ventilation or protective clothing, to prevent or, at the very least, reduce contact with dangerous compounds.

Smoke from Tobacco in the Workplace

Most states have laws regarding cigarette smoke in the workplace, which poses a health danger to non-smokers. California is one of the states that forbid smoking in enclosed public areas and at work. Smoking is normally not permitted in pubs and restaurants in these states (to protect the employees at these establishments). There may be some exceptions, such as in private offices where all employees smoke.

However, the federal Americans with Disabilities Act (ADA) protects workers with severe health concerns damaged by tobacco smoke.

Injured on the Road?

Call our car accidents lawyer in San Diego, CA to get compensated for your injuries.

Employer’s Obligation

When it comes to the health and safety of employees, certain federal laws and regulations must be followed. OSHA is in charge of overseeing workplace safety, and several states have also adopted OSHA-approved regulations.

Employers must:

  • Generally ensure that employees have access to a workplace free of known risks that could result in severe physical harm.
  • Notify employees of the OSHA health and safety requirements that apply to their specific workplace
  • Be aware of and comply with the standards established by OSHA.
  • Refrain from acting in a discriminatory or retaliatory manner toward a worker who files an OSHA complaint.

The majority of employers (those who have 11 or more employees) are obligated to document occupational diseases and accidents as they happen. Employers in most retail trade, insurance, banking, real estate, and service industries are not required to preserve this kind of record. Employers must also educate staff members about the risks posed by any chemical hazards at work and train them in the appropriate protective measures.

How can you tell if danger is imminent?

If there is imminent danger in your workplace, you have the right to refuse to work.For there to be imminent threat, the following conditions must all be true:

  • You think that doing your job could actually put you in danger of dying or getting hurt badly
  • Your boss won’t make the necessary repairs, and
  • There isn’t sufficient time to take other steps to remove the risk, such as asking for an OSHA inspection.

If you have any questions about a potential danger in your workplace, ask our trusted San Diego worker safety lawyer.

If No Imminent Danger Exists

If the threat is not imminent, asking your employer to fix the issue should be your first course of action. It’s possible that your company is unaware of the risk and will take action right now.

  1. Be sure to record your request. Note the date, the name of the individual you spoke with, and a synopsis of the interaction. If you are hesitant to approach your employer, you can skip this step and make your complaint directly to OSHA or another similar state agency.
  2. Your next step should be to complain to OSHA or another similar state agency if your employer does nothing or acts accordingly against you due to complaining about the hazard.

If you exercise your right to work refusal or file a complaint about a health and safety violation, your employer is prohibited by both federal and state law from taking adverse action against you.

To learn more about this subject, get in touch with our law office in San Diego, California.

Defending Your Employee Rights

The Occupational Safety and Health (OSH) Act of 1970 establishes specific responsibilities and rights for employees. This law aims to eliminate workplace risks and implement health and safety measures. Employees, for instance, have the right to copies of pertinent standards, rules, and laws that apply to their employment, as well as access to relevant employee exposure and medical data. Employees may also ask an OSHA area director to investigate the workplace if they think there are unsafe conditions or safety breaches.

Take immediate action to protect your rights if you suffer injuries in a working accident or are diagnosed with occupational sickness. You need to report the occurrence to your employer right soon in writing. Most of the time, if you have a health condition that makes it impossible to work, you may be eligible to receive benefits under the California workers’ compensation system.

You might be qualified to receive monetary damages, depending on your circumstances. If you find yourself in a position where you are a whistleblower or are subjected to retaliation after exposing workplace safety problems, our knowledgeable worker safety attorney at the Benner Law Firm in San Diego can explain further remedies. Call our law office today!

Cal/OSHA permits certain safety orders.

Most employers are covered by General Industry Safety Orders (GISO) under Cal/OSHA. It should be mentioned that the ones that apply are specific to the nature of a certain workplace. As a result, these safety regulations vary depending on the industry. Since there is no set rule for which safety order is applicable, the specific industry Safety Order can be applied in cases where there is a conflict over which is appropriate. Following are some of the GISOs that are most frequently mentioned:

  • Injury and Illness Prevention Programs (IIPP)
  • Emergency Response Plans
  • General Cleaning
  • Hazard communication
  • First Aid
  • Bloodborne diseases
  • Machine guarding
  • Personal Safety Package
  • Materials Storage
  • Industrial Automobiles

Call our San Diego Worker Safety Lawyer Now!

There are a lot of issues with the California laws that protect you from risks at work. Your company must abide by OSHA regulations and the laws governing workers’ compensation claims. Contacting an experienced California worker safety attorney for advice is in your best interest if you have any questions or concerns regarding these subjects.

Speak with our reputable San Diego worker safety attorney as soon as possible if you’ve been hurt at work or suspect that you could have been due to unsafe conditions. Trust our reliable personal injury lawyers at Berner Law Firm to attain the personal injury representation you can rely on.


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