Workplace safety is beneficial as it reduces illnesses and injuries, increases productivity, lowers costs, and improves employee morale. Employers in California are responsible for maintaining safe workplaces. They must take the necessary measures, through Cal/OSHA guidelines, to ensure that all their workers are safe as they return home from work every day. However, this does not always happen; some employees neglect this responsibility. If you are injured in your workplace due to your employer’s negligence, you deserve compensation for your injuries and related damages.

At Stop Unpaid Wages, we help injured workers in California understand their rights and seek compensation for damages incurred due to an unsafe workplace. We can review state and federal laws against unsafe workplaces with you and help you understand OSHA guidelines and how they apply in your situation. We can also help you prepare the proper documents and evidence to file a strong lawsuit against your employer for compensation.

What Workplace Safety Entails

When you are hired by a particular individual, company, or organization, you trust that your employer will ensure your safety in the workplace. You hope you will discharge your duties and return home safely daily, ready to work more days, weeks, months, and years in the same workplace. Sadly, this does not happen to some employees due to employer negligence. Some employers fail to put safety measures in place for their employees, resulting in illnesses and injuries. Employees also experience reduced productivity, stress, and high medical costs due to workplace safety issues. California has stringent laws against unsafe workplaces, which you should understand and utilize to recover damages and obtain justice.

All workers deserve safety as they engage in all work-related activities. The safety of workers in California is their employer’s responsibility. Employers must ensure that workers feel and are safe every day, regardless of their work type. They should be safe from anything threatening their physical, mental, and emotional well-being. Cal/OSHA is the Occupational Safety and Health division, which provides employers free safety guidelines and health assistance to prevent work-related illnesses and injuries. The division aims to protect the safety and health of all workers in California.

It sets safety standards, enforces them, and provides assistance, education, and outreach to help employers meet them. The division also handles safety issues between workers and employers. Its goal is to keep all workers safe from hazards that can cause death, injuries, and illnesses.

Therefore, workplace safety is paramount, not just to workers and the government but also to employers. It protects employers from lawsuits and other legal consequences from affected workers. The best way for an employer to protect themselves, their business, and workers is by setting policies and procedures that protect workers from workplace hazards and injuries. Employers must also ensure that their companies are safe and healthy to work in for all, regardless of their level of education, nationality, religion, and ethnicity. They must identify possible dangers, assess the risk, provide solutions and safety training, and implement preventive measures to keep everyone safe. Employers must also foster a positive workplace safety culture for current and future workers.

Workers in California are protected by both federal and state workplace safety laws. Although state laws are more comprehensive, federal laws can intensify protection whenever state laws are insufficient. Under the state laws, employers must provide a conducive environment for all workers. Workers can report to OSHA if their employer neglects workplace safety. Upon receiving such a report, the division will conduct an independent investigation to determine its validity and gather evidence. If the case is valid, the division gives the employee the right to bring a lawsuit against their employer. If the case is successful and the court grants the employer their damages, the employer must pay full compensation to the affected worker.

Workplace safety means a different thing to different workers. Some employees work in risky environments, like construction sites. Others work for long hours, which subjects them to mental or emotional distress. Employers must protect all workers from illnesses and injuries affecting their physical or mental health. This includes conducive workplaces, reasonable working hours, and zero tolerance for harassment and discrimination. Talk to an attorney if you suspect your work-related injury was caused by your employer’s negligence in providing a safe working environment. They can guide you in understanding your options and determining the right approach to seeking compensation for your damages.

What a Hazardous or Unsafe Workplace Means

An unsafe workplace is an environment that subjects you to safety and health risks almost every day. It puts you at risk of sustaining an injury, losing your life, or suffering an illness every day of your working life. The thought of the impending danger can affect your mental and emotional well-being, making it difficult to concentrate on your work and thereby affecting your productivity. If you feel at your employer’s mercy and must endure mistreatment or unsafe standards in your workplace, you should seek help. Your employer is responsible for your safety and well-being while you are working.

An unsafe workplace can also mean a hazardous workplace that subjects you to toxic elements, risky tools, or equipment. It could be that your work involves handling dangerous chemicals, components, or tools daily. This also puts you at risk of harm. Realizing the danger you face at work can also affect your performance. You could be absent from work or look for excuses when assigned a duty. This can affect your relationship with your employer, supervisor, and colleagues. It can also affect your emotional and mental state.

Here are examples of factors that can make your workplace hazardous:

Physical Hazards

These are environmental elements that put you at risk of bodily harm. They can include extreme temperatures in your workplace, prolonged exposure to strong elements like the sun or cold environments, or exposure to radiation or dangerous chemicals. Your employer is responsible for ensuring you are safe from such exposures when discharging your daily duties. For example, they can provide safety gear or reduce your safety risk.

Biological Hazards

Exposure to biological hazards is possible if you work with or around plants, animals, and people. Some biological elements that can harm you include fluids, mold, animal droppings, bacteria, and insect bites. Your employer should know your risk of harm and implement measures to keep you safe as you navigate the workplace. Some biological hazards will make you sick or cause you to develop a condition that requires expensive and extensive treatment.

Ergonomic Hazards

These workplace conditions cause you to experience physical strain and possibly result in musculoskeletal injuries. They involve repetitive motions, physical strain, and forceful exertions. They can cause pain, discomfort, and both short-term and long-term injuries. If you frequently work with a vibrating tool or you lift heavy objects daily, you are at risk of a workplace injury. Other people sit or stand for prolonged periods, which can cause them injuries like severe back pain.

Chemical Hazards

Exposure to harsh chemicals puts your health and safety at risk, especially if it happens daily or frequently. Harsh chemicals could be in the form of fumes, vapor, flammable materials, or cleaning products. Most harmful chemicals affect your lungs when inhaled or your skin when you come into contact with them. You need safety equipment and gear if your job requires handling strong chemicals. Your employer should also educate you about your risk of injuries so you can take additional measures to keep yourself safe.

Safety Hazards

These are hazards that put employees at risk of physical injuries. They include slippery floors, damaged flooring, faulty machinery or equipment, wet floors, or electrical cables. Employers should be on the lookout to ensure timely repairs and replacements to keep everyone safe.

Workload Hazards

These hazards can cause stress and related illnesses, like depression. You are at risk of a workload hazard if you are given more work than you can handle within a deadline. It causes some employees to work extra hours and sometimes to sacrifice their rest to complete the most demanding tasks. Workload hazards can also affect your relationship with your colleagues, supervisor, and employer. It causes anxiety, depression, trauma, and suicidal thoughts. Employers should be fair and careful when assigning duties and tasks according to employees’ abilities.

OSHA Workplace Safety

Workplace safety standards by OSHA cover most working environments in California. The division has many regulations that are more stringent than federal regulations against unsafe workplaces. These regulations cover Workers throughout California, regardless of their skills and duties. However, rules do not protect self-employed businesspeople who run their businesses without workers and independent contractors. If you are injured in your workplace and are considering filing for compensation from your employer, you should first determine if you are covered under Cal/OSHA workplace safety regulations. If you are, you can file your case first with the division to obtain the right to bring a lawsuit against your employer.

OSHA regulations make employers responsible for their employees’ safety in their workplaces. Employers must have safety policies and provide safety tools and equipment to keep everyone safe as they engage in their daily tasks. Employers are responsible for their workers' physical, emotional, and mental safety. Anything that can put you at risk of an illness, injury, or death should be dealt with before you start working for your employer. You should also be educated about workplace safety and keeping yourself safe. Understanding these provisions gives you a basis for seeking legal help if you are injured or are afraid for your safety in the workplace.

If you are injured or are at risk of an injury, you should speak to your employer about it. You should freely report anything that puts you at risk of harm, whether harassment, discrimination, physical strain, dangerous chemicals, or faulty machines. Your employer should immediately protect you once they receive this report. If not, you can talk to a skilled employment law attorney for help and guidance in filing a case with OSHA. Start gathering evidence immediately after noticing workplace hazards that put you or everyone at risk.

If you notify your employer about safety hazards in your workplace, they should act immediately to protect you. You can file a case with the agency if this does not happen. OSHA provides the following regulations, which should be the basis of your case against your employer:

• Employers should provide safe workplaces for their workers, free from all types of safety hazards that can harm their employees’ health
• They should provide and keep all safety equipment their employees need in good condition to reduce their risk of workplace injury.
• They must provide adequate and thorough training on workplace safety and how workers can remain safe daily.
• Provide information employees need regarding injuries, illnesses, and possible workplace hazards, including records and reports of exposure, injuries, and diseases.
• Employers should establish an effective illness and injury prevention program that employees should be informed of during hiring.
• They should establish fair or reasonable operating procedures, which should be updated regularly.
• Employers should inspect their workplaces regularly to identify and deal with hazardous conditions.
• There should be clear labels, signs, colour codes and posters to warn workers about possible hazards and the precautions they must take
• Employers should have posts about OSHA, its regulations, and employee rights to a safe workplace. The post should provide guidelines for employees to report cases if they are injured or afraid of safety.
• There should be adequate alarm and warning systems in the workplace
• Employers must comply with all OSHA regulations and offer immediate assistance if a worker is injured or is afraid for their safety

What To Do If Your Workplace Is Unsafe

If you work in an unsafe environment, you can file a case against your employer with OSHA. Consider bringing up the matter with your employer before contacting OSHA to see if they can make some changes in your or your colleagues' favor. However, start documenting the issues in your workplace and your employer’s response once you report the matter to them, as you may need it as evidence to support your case. Document any incident in your workplace that puts you at risk of harm, including the date and time it happened. This will strengthen your case against your employer.

If your employer receives the matter positively, they can take action to protect you and your colleagues against injuries, illnesses, or any other damage. However, if they do nothing to protect you, talk to an experienced employment law attorney to determine the proper action against your employer. A skilled attorney will review the matter to determine if it meets the reporting requirements by OSHA. Then, they will advise you on your rights, options, and how to obtain justice against your employer for negligence and compensation for your damages.

If you have a solid case against your employer, your attorney will advise you to file a case with OSHA. The report will contain detailed information about the unsafe working environment your employer has exposed you to. You can file a report if you are afraid for your safety, even if you have not been injured. If you were terminated for failing to report to work for fear of your safety, or you have sustained an injury, you can legally seek compensation for damages like medical costs, emotional distress, pain, suffering, and lost wages. You should provide detailed information about your damages and how they relate to your unsafe working environment for a civil court judge to grant them.

OSHA will review your case and can conduct an independent investigation into the matter to grant you the right to prepare and file a lawsuit against your employer. The investigation is usually undertaken to determine the validity of your case and gather evidence against your employer. If you have a strong case against your employer, you can sue them. An attorney can help you prepare and file a strong case in a civil court. A judge will hold a hearing to hear and determine the matter. You can present all your evidence against your employer before the judge gives the final ruling.

How an Attorney Can Help in Your Case

Filing a lawsuit against an employer is not easy, especially if you fear losing your job or any other form of retaliation by your employer or colleagues. The process is also complex and challenging to navigate without legal support. You need an experienced employment law attorney to support, advise, and take you through the complex process until you are satisfied with your case. They will review your case, your company policies, and the evidence you have gathered to determine the validity of your case. If your case is valid, they will advise you on the right approach to obtain a favorable outcome.

An attorney will help you collect evidence to support your case. The types of evidence that could increase your chances of winning a lawsuit against your employer include the following:

• Medical records detailing the illness or injury you sustained in an unsafe workplace. Medical records will also show the type of treatment you received for the injury or illness
• Pictures of the workplace hazards that put your life at risk of injury or illness
• Detailed accounts about your unsafe workplace from reliable eyewitnesses, including colleagues or customers
• A video footage or security camera from your workplace showing the unsafe conditions you are subjected to every day
• Records about incidents in your workplace that prove employer negligence or the risk of injury you face daily

Your attorney will help you prove in your claim how your employer negligently failed to provide a conducive workplace for you. They can prove that your employer forced you to work regardless of the hazards. They can also prove that your employer did not provide safety gear or educate you about safe practices in the workplace. If you reported the safety risk to your employer and they did not take any action to help, your attorney can use that as evidence to prove negligence. Remember that workplace safety is an employer’s responsibility. Thus, if you are injured or are at risk of injury, your employer is legally responsible.

Finally, your attorney will help with the defense once the case is brought up in a civil court. If your case meets the reporting criteria of OSHA, you will be granted the right to sue your employer. You can file a case against them in a civil court. As a legal representative, your attorney will ensure that the court serves your interests. They will present your case and evidence and counter any allegations by your employer. Your attorney will also ensure the court understands your claim and why you need full compensation for the damages included.

If your case is strong and the court grants your claim, your employer will compensate you for all your damages. If you lose the case, your attorney can file an appeal and work harder to win. They can prepare better and gather more substantial evidence to push for a reasonable outcome.

Find a Skilled Employment Law Attorney Near Me

Workplace safety is beneficial to everyone, including employers and employees. It saves time and money and increases productivity among workers. However, it is an employer's responsibility to ensure their business is safe for all workers. They must put safety measures in place, develop policies that protect employees, and educate their workers on staying safe and reporting any risk they encounter in their working environments.

At Stop Unpaid Wages, we advocate for workplace safety in California. We also help employees seek justice and compensation for resulting damages in case of a workplace illness or injury. We educate affected employees on OSHA workplace safety regulations and support them in filing cases against their employers. Thus, if you are injured or are at risk of an injury, call us at 424-781-8411. We will review your case to advise you on your rights, options, and the right strategies to obtain the best possible outcome in your case.