Philadelphia Dangerous Working Condidtions Lawyer

Every Philadelphia-area worker has the right to a safe workplace. There are a number of federal, state, and local laws designed to regulate workplace safety. But far too many employers try to skirt the law and cut corners when it comes to safety–often just to save a few dollars–and the workers end up paying the price.

If you observe any dangerous or unsafe conditions at your job, you do not have to remain silent. You can–and should–speak up. And if your employer threatens to fire or discipline you in retaliation, then you need to speak with a qualified Philadelphia dangerous working conditions lawyer who can assist you in asserting your rights. At Quinn Injury Lawyers, we represent workers who have been harmed or are at risk due to unsafe working conditions. If you have sustained a workplace injury, we can help you obtain workers’ compensation benefits and explore other legal avenues for holding your employer accountable for its failure to put your safety first.

What Are a Philadelphia Employer’s Responsibilities for Workplace Safety?

Most private sector workers in the Philadelphia area are covered by the Occupational Safety and Health Act, which is enforced by the U.S. Occupational Safety and Health Administration (OSHA). OSHA sets federal standards for workplace safety. To the extent the Commonwealth of Pennsylvania and its local governments implement their own laws and regulations with respect to working conditions, they must be “at least as effective” as OSHA’s program.

OSHA both imposes certain obligations on employers and guarantees certain worker rights. With respect to the former, a Philadelphia-area employer must:

• provide all employees with a workplace free from recognized hazards;
• comply with all OSHA standards applicable to their industry;
• notify OSHA within 8 hours of an on-the-job accident that results in a worker’s death or within 24 hours if a work-related accident leads to a worker’s in-patient hospitalization or the loss of an eye or a limb;
• provide necessary safety training to all workers in a language they can understand;
• post any citations for violating OSHA regulations at a location at or near where that violation occurred.

In terms of your rights as a worker, OSHA provides:

• You have the right to a safe workplace.
• You have the right to raise a safety or health concern with your employer.
• You have the right to report a work-related injury or illness.
• You have the right to report a health or safety concern to OSHA and request a confidential inspection of your workplace.
• You have the right to see any OSHA citations issued against your employer.
• You have the right to demand copies of any records related to your on-the-job injury or illness, including your medical records and your employer’s logs.
• You have the right to have an attorney or other representative speak to OSHA on your behalf.

Most importantly, your employer can never retaliate against you for exercising any of your rights when it comes to demanding a safe workplace. This means an employer cannot fire, demote, reassign, or take any other negative employment action against you. Nor can an employer threaten such actions.

What Are Some Common Dangerous Working Conditions?

Although we tend to associate dangerous working conditions with industrial workplaces like factories or chemical plants, the reality is that any workplace may lead to serious worker injury–and even death–if key safety hazards are not identified and remedied by an employer. Here are just a few examples of dangerous working conditions that should not exist in any Philadelphia-area workplace:

• a lack of safety exits, or safety exits that are blocked and/or inaccessible.
• workers do not have access to adequate personal protective equipment for their position.
• work tools and other equipment are broken and/or lack safety guards when not in use.
• workers are not given proper training before operating dangerous equipment and machinery.
• chemicals and other hazardous materials are not properly stored and labeled.
• workers are forced to operate in an over-crowded or over-cluttered environment.

Left uncorrected, dangerous worker conditions can easily lead to otherwise preventable workplace accidents. This can range from a worker breaking a leg on a slippery floor to a more catastrophic injury such as the amputation of a limb in an improperly operated machine. Other dangerous working conditions, such as repeated exposure to toxic chemicals, can also lead to long-term health problems such as cancer.

Workers’ Compensation and Dangerous Working Conditions

Most employers in the Philadelphia area are required by state law to carry workers’ compensation insurance. The basic function of workers’ comp is to provide medical, wage replacement, and long-term disability benefits to workers who sustain an on-the-job injury or occupational illness. Because workers’ compensation is “no fault” insurance, however, the worker does not have to actually prove the employer was negligent in failing to maintain safe working conditions. But evidence of such dangerous conditions can often be useful in helping to push back when the employer–or their insurance company–denies or challenges a workers’ compensation claim.

Of course, just because workers’ compensation is no-fault, that does not mean OSHA cannot investigate and cite your employer for the dangerous working conditions that led to your accident. In addition, third parties whose actions caused or contributed to a workplace injury or occupational illness may be held liable for damages outside of the workers’ compensation system. For example, if a construction worker is injured on a job site due to a reckless driver working for an outside contractor, the worker could sue the contractor for damages not covered by their employer’s workers’ compensation insurance.

Contact Quinn Injury Lawyers Today

Whether you have already been injured due to unsafe conditions at work or you are looking to hold your employer accountable for such conditions, you have the right to seek independent legal advice and representation. Our Philadelphia dangerous working conditions lawyer can review your situation, advise you of your rights, and help ensure that you are treated fairly under the law. Call Quinn Injury Lawyers today at 215-360-3666 or contact us online to schedule a free consultation.

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