what kind of lawyer do i need if i'm in a dangerous work place

There are strict laws against violence, but violence does happen in the workplace. All workers have the right to a safe workplace. A qualified employment attorney can help you get the justice you deserve.

Full Answer

Do you need a lawyer after a violent incident at work?

You deserve to feel safe at work, and when a violent incident occurs at your place of employment, you need the best legal representation on your side. Acts of violence in the workplace are unfortunately on the rise.

Do I need a lawyer after an accident at work?

If you were injured at work, it’s likely your accident would be handled through workers’ compensation. There may or may not be a reason to involve a lawyer. To explore whether or not you need a workers’ comp or personal injury attorney, see Workers Compensation: A Complete Guide. Health concerns arising from the accident or injury

Do I need a lawyer for a criminal case?

In serious cases, where punishments are more severe, a criminal lawyer is highly recommended, even necessary. A criminal lawyer can advise an individual on the consequences of conviction or guilty pleas. Some guilty pleas, even to misdemeanor charges, can have long-term consequences.

What do lawyer specialize in?

Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law. What is Criminal Law? What Do Criminal Lawyers Do?

What can I do about unsafe working conditions?

If you believe working conditions are unsafe or unhealthful, you may file a confidential complaint with OSHA and ask for an inspection. If possible, tell your employer about your concerns.

What is considered unfair treatment in the workplace?

Some of the most common examples of unfair treatment at work include: Spreading false rumors about coworkers. Neglecting a promotion or pay raise due to a race, gender, or other non-work-specific trait. Sending offensive emails or texts regarding an employee.

Can you sue a company for putting you in danger?

Proving Deliberate Intent The workers' compensation system protects employers from liability. However, it is possible to sue an employer if they intentionally place a worker in a dangerous position and the employee suffers serious injury or death as a result.

What are unacceptable working conditions?

Poor working conditions can include things like: Physically dangerous environments that could be improved. Inadequate space utilization. Bad lighting. Non-ergonomic facilities for employees.

What are the 3 basic employment rights for a worker?

The three basic rights of workers include rights concerning pay, hours and discrimination. Workers are entitled to these rights through the law and may declare their employer if they do not respect these rights.

What should you not say to HR?

At this point, most employees are aware that the HR department is not your friend. They don't work for you – they work for the company....What should you not say to HR?Discrimination. ... Medical needs. ... Pay issues. ... Cooperate with HR if asked, but be smart about it.

Can I sue my employer for stress?

Your legal right to make a stress claim You do have the right to make a legal claim for stress against your employer. These are not easy claims to bring, but they do happen and many are successful. A claim would generally be either for personal injury or constructive dismissal.

Can I sue for emotional distress?

It may be possible for you to sue for emotional distress, depending on your situation. The main factor that will mean you can make a claim is whether someone's negligence caused the harm you first suffered. This could be because you were hurt in an accident that was someone else's fault.

Can you sue a workplace for emotional distress?

You can claim for the emotional distress the discrimination has caused you - this is called 'injury to feelings'. You'll need to say how the discrimination made you feel. Ask your family, friends, colleagues, medical professionals or support workers if they'll be witnesses to how the discrimination affected you.

Can I sue for a toxic work environment?

Yes, you can sue your employer for emotional distress caused by workplace harassment, discrimination, or a toxic work environment.

What are 5 examples of unsafe conditions in the workplace?

Common workplace hazards include:Insufficient training.Defective equipment.Lack of warnings about safety hazards.Poor equipment maintenance.Fire hazards.Slippery and/or cluttered floors.Dangerous stairways.Bad lighting.More items...•

How do you prove a toxic work environment?

To meet the requirements of a hostile work environment, the behavior must be:Pervasive, severe, and persistent.Disruptive to the victim's work.Something the employer knew about and did not address adequately enough to make stop.

When you have been injured in a car accident, should you seek medical attention?

When you have been injured in any type of accident, you should immediately seek medical care for your injuries. It does not matter if it is a vehicle accident, slip and fall, or work accident. Taking care of the injury is the most important thing for you to do – even if you’re unsure whether you’ve actually been injured or not.

What happens if you have a long term injury?

If there are going to be long term effects from your injury, your lifestyle will change. This may include the inability to return to your current job or profession , the need for special renovations to your home and vehicle, and loss of income for the rest of your life.

What happens when you get injured in an accident?

When serious injuries occur as the result of an accident, you may be facing extended medical care or even life-time care. The cost for this type of medical care will be very high.

Can you get compensation for a long term injury?

Even if your injuries are not life threatening or long term, the medical costs associated with treating your injuries may be expensive. It is your right to seek compensation for these costs.

Can multiple people be injured in an accident?

Multiple people injured in the accident. When multiple people are injured in an accident, even if they are from the same family, it is crucial to speak with an attorney. Multiple injured parties can quickly complicate the compensation process.

Can you have more than one party responsible for an accident?

Accidents which occur in construction zones or as a result of dangerous road conditions may have more than one responsible party for the accident. If the road conditions were a contributing factor to the accident, other entities may also be held responsible for the event.

Can a spouse sue for wrongful death?

In most cases, direct family members, spouse and dependent children qualify for wrongful death. However, there are some instances where parents of minor children who died in an accident or as a result of an injury can sue for wrongful death.

What can a personal injury lawyer do?

A personal injury attorney can help with workplace violence related incidents and an employment lawyer can help you with multiple areas of work-related lawsuits such as: Sexual harassment. Discrimination based on disability, race, gender, age or religion. Wrongful termination. Pregnancy discrimination .

What to do when you are injured at work?

When you are injured at work in an act of workplace violence, you need to look into the feasibility of filing a claim against your employer. You can do this by alleging a number of different things, depending on the circumstances of your particular claim.

What are the duties of an employer when you are subjected to violence at work?

Workplace shootings. Employers have certain duties to keep their employees safe, and when you are subjected to violence at work, you have the right to seek justice.

What happens if an employer fails to take such measures?

If employers fail to take such measures, employees can file a lawsuit for an unsafe work environment. Negligent Training – Along the same lines of negligent security, employers need to train all their employees as to what to do in a dangerous scenario like a robbery or customer hostility.

What is workplace violence?

According to the National Institute for Occupational Safety and Health, workplace violence is a “violent act directed toward persons at work or on duty,” including threats of assault, threatening behavior, and verbal abuse. If you have experienced a physical, behavioral, or verbal act of violence at your workplace, ...

What is the statute of limitations for workplace violence?

When you are suing for workplace violence, you must make sure your claim has not expired under the state’s statute of limitations. Statutes of limitations are state-enacted time limits on filing claims. They tend to encourage people to investigate and file their claims more quickly, which will have the natural effect of preserving evidence for trial. You want people’s memories to be accurate and documents to still be available by the time you sue.

What to do if you have been threatened at work?

If you have been threatened, harassed, or have been the victim of physical violence at work, the first step you should take is to report it to your supervisor to create a record of the incident. If your employer doesn’t address it and it continues, then the next step is to report the incident to your local police.

What Kind of Lawyer Do I Need?

When you have a legal or legal-related issue, you may not know what kind of lawyer to talk to, or whether to talk to a lawyer at all. Sometimes instead of (or in addition to) talking to a private lawyer, you should contact the government, such as the police or the district attorney (DA), or another type of professional, such as an accountant.

How Do I Find Out What Kind of Lawyer I Need?

When you have a legal or legal-related issue, you may not know what kind of lawyer to talk to, or whether to talk to a lawyer at all. Sometimes instead of (or in addition to) talking to a private lawyer, you should contact the government, such as the police or the district attorney (DA), or another type of professional, such as an accountant.

Harassment at Work

Whether it is your employer or fellow employees who engage in sexual or other harassment at the workplace, you have rights.

Workplace Violence

There are strict laws against violence, but violence does happen in the workplace. All workers have the right to a safe workplace. A qualified employment attorney can help you get the justice you deserve.

Unlawful Termination

The employer’s right to terminate the employees is not absolute; it is conditional. Your termination may be illegal given your situation, and you could fall into a protected class.

Overtime Collection

Some employers could take undue advantage of their employees regarding overtime e.g., unpaid overtime work or working off the clock.

Hour and Wage Issues

If you believe your employer is not following minimum wage laws, or you feel you are not getting the money according to your work, consult an employment lawyer.

What Services Can Lawyers Help Me With?

A lawyer is a professional who is licensed to practice law by the governing Bar Association in the state where they practice. Lawyers are also known as attorneys when they represent clients in court.

What Types of Lawyers are There?

There are numerous types of laws in effect in the United States, with new laws being put into action constantly in our common law system. There are just as many types of lawyers who can help you navigate their specialty.

How Carey Leisure & Neal Can Help

No matter what kind of situation you find yourself in, the team at Carey Leisure & Neal is happy to help guide you in the right direction. We have worked hard to find the top local attorneys in each area of practice and would be happy to provide you with a referral.

What to do after asking an employee to stop their behavior?

After asking the offending employee or employees to cease their behavior, you should also immediately contact management and the HR department to report the issue. This is important, because in order for a case to be successful there must be documented evidence that the problem has been reported.

What does the EEOC look for in a hostile workplace?

When the EEOC investigates a workplace to determine whether a work environment is hostile, they typically make an assessment based upon the following legal elements: Type of Conduct: The EEOC will look at whether the harassing conduct was verbal, physical, or both. Physical threats or intimidation will result in higher penalties for the harasser; ...

What is hostile work environment?

In short, a hostile work environment is created when anyone in the workplace engages in a type of harassment that makes it impossible for an employee to perform their job duties. This type of harassment generally includes unwelcome comments or conduct based on race, color, religion, sex (including pregnacy), national origin, age (40 or older), ...

What does the EEOC look for in harassment?

The EEOC will look to determine whether the conduct has become a pervasive and long lasting problem , rather than a simple isolated incident.

What is considered discriminatory behavior in the EEOC?

This means that the harassing behavior must be discriminatory against a person’s race, color, religion, sex (including pregnacy), national origin, age (40 or older), disability, genetic information, or any other categories legally protected by the EEOC;

Do isolated incidents meet the requirements of creating a hostile work environment?

Simple isolated incidents generally do not meet the requirements of creating a hostile work environment, unless they are extremely serious; Discriminatory Intent: In order to succeed on a hostile work environment claim federally, you must be able to demonstrate discriminatory intent.

Do employers have to pay punitive damages?

Additionally, in some rare cases, employers may have to pay punitive damages to the employee, if their employer intentionally engaged in conduct that created a hostile work environment.

What happens if an employer doesn't cooperate with you?

Employer Cooperation#N#If your employer seems to be angry at you for getting hurt or refuses to send you to a doctor, this may be a warning they do not plan to cooperate to get your benefits started. The employer is supposed to report the injury to their insurance company right away. The insurance company then "adjusts" the claim - investigates to determine if the injury is compensable and what benefits are owed. If the employer does not report the claim, the insurance company won't know about it and will not be processing the claim for benefits. This can cause all sorts of problems and delays. Many employers try to do the right thing, but with a non-cooperative employer it is probably a good idea for an injured worker to consult a lawyer.

What to do if your claim is denied by your employer?

Denied Claim#N#If your claim is denied by your employer or their insurance carrier, you will most likely need a lawyer to help you prove you case. Some denied cases involve complicated legal issues best handled by an attorney.

What to do if you refuse to pay weekly benefits?

Refusal to Pay Weekly Benefits#N#If you are unable to work and are not getting paid weekly benefits, you should consult a lawyer. Important tip: Always get your work status in writing from the doctor, provide a copy to your employer and keep a copy for your records!

What happens if your employer doesn't take reasonable actions to protect you from workplace violence?

When your employer doesn’t take reasonable actions to protect you from workplace violence, and you are injured, you may have the right to file a personal injury claim or lawsuit in addition to your workers’ comp claim.

How to notify your employer of your injury?

Notify Your Employer: As soon as you’re able, tell your employer you were injured on the job. File a Workers’ Comp Claim: Telling your employer isn’t enough. You have to file your worker’s comp claim before your state’s deadline. Your employer should give you a claim form and instructions.

What happens after an assault at work?

Protect your rights after an assault at work. In addition to workers’ comp, your employer and the attacker may be liable for your damages.

What is the fourth category of workplace violence?

Personal relationships. The fourth category of workplace violence, personal relationships, almost always targets women. When you’ve been violently injured on the job, you have a right to expect compensation for your medical bills, lost wages, and more.

What is the duty of care of an employer?

Employers have a legal duty of care to provide a safe work environment and to protect their employees from undue harm and physical injury. A safe work environment means you should not be subjected to violence from your employer or anyone else.

Do you have to have workers comp insurance if you were assaulted?

Almost all employers are required by state workers’ compensation laws to provide insurance for eligible employees. If you were performing duties on behalf of your employer when the assault occurred, you could still be covered even if you were off-the-clock.

Can an employer file a personal injury claim against an employer?

If the employers’ gross negligence contributed to the assault, or the employer failed to carry workers’ comp insurance, the injured worker has the right to file a personal injury claim against the employer. Most courts provide an opportunity for victims of violent crimes to seek restitution from the attacker, or at least give a victim impact ...