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

by Mr. Terry Frami Sr. 3 min read

A criminal lawyer is also sometimes called a defense attorney. These lawyers can be hired by the defendant or appointed by the court to represent the defendant. In serious cases, where punishments are more severe, a criminal lawyer is highly recommended, even necessary.

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What kinds of workplace lawsuits do attorneys handle?

Workplace attorneys handle a variety of different types of claims. Cases of sexual harassment, age/race discrimination, and wrongful termination are common issues in employment law. More claims that are commonly handled by workplace attorneys include: Discrimination claims; Wage disputes. Wrongful termination claims;

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.

Why might I need a lawyer to handle a employment-related problem?

1. Why might I need a lawyer to handle a employment-related problem? To fully enforce state and federal laws protecting employees against illegal actions by their employers, you will need an attorney in many situations where you have a serious problem with your employer and need to take legal action.

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How do you prove an unsafe 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.

What do you do if you work in an unsafe environment?

If you believe working conditions are unsafe or unhealthful, you may file a complaint with OSHA concerning a hazardous working condition at any time. If possible, bring the conditions to your employer's attention.

What is considered a dangerous work environment?

Equipment that is not maintained or not working properly. Failure to have safety guards. Unsanitary working conditions, which can increase the risk of illness or death, like asbestos. Hazardous materials that can harm or injure workers, including but not limited to biological and chemical hazards.

Can an employer be liable for workplace violence under OSHA?

Every workplace is at risk of violence from current or former employees, customers, an intimate partner of an employee, or a total stranger with no relation to anyone at the scene. As an employer, you may be held liable. OSHA and state agencies have no specific regulations regarding workplace violence.

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...•

Are OSHA complaints serious?

Employees have the legal right to file a workplace safety violation complaint with OSHA without fear of reprisal. OSHA takes these complaints very seriously. How OSHA responds to the complaint varies depending on the specificity of the concern(s), seriousness of the safety & health issue(s) raised, and other factors.

What are the examples of unsafe act?

Unsafe ActsOperating equipment without qualification or authorization.Lack of/or improper use of PPE.Operation equipment at unsafe speeds.Failure to warn.Bypass or removal of safety devices.Using defective equipment.

Do all workers have the right to refuse unsafe work?

All workers have a right to a working environment that protects their health and safety. Occupational health and safety laws across the country, generally speaking, allow an employee to refuse to perform their work when they have reason to believe that their health, or that of other individuals, is in jeopardy.

What are your rights as an employee?

Workers' rights encompass a large array of human rights from the right to decent work and freedom of association to equal opportunity and protection against discrimination. Specific rights related to the workplace include health and safety in the workplace and the right to privacy at work, amongst many others.

What are the 4 types of workplace violence?

Types of Workplace ViolenceType 1: Criminal Intent. ... Type 2: Customer/Client. ... Type 3: Worker-on-Worker. ... Type 4: Personal Relationship.

What are OSHA's three types of workplace violence?

Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. It ranges from threats and verbal abuse to physical assaults and even homicide.

Does OSHA have authority over workplace violence?

At present, OSHA has no specific standards pertaining to workplace violence, although the agency has developed written procedures for its field inspection personnel to follow when conducting OSHA inspections and citing employers for occupational exposure to violence.

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.

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.

Why do we need an employment attorney?

Employment attorneys help protect the rights of workers, and they also protect employers from frivolous lawsuits. States vary in their employment laws, and how those laws apply in the regulation of employment practices. For this reason, amongst others, consulting a workplace attorney can be quite beneficial in protecting your rights and interests, ...

Why are employment lawyers important?

Specializing in workplace laws, employment lawyers are an important factor in shaping the treatment of workers, and fairness in employment policy . Additionally, workplace lawyers help resolve disputes between employees and the employer, or disputes between co-workers. Employment attorneys help protect the rights of workers, ...

What are the types of claims handled by workplace attorneys?

More claims that are commonly handled by workplace attorneys include: Harassment and hostile work environment claims . If questions arise regarding any type of claim related to employment, a skilled workplace attorney will be able to assist.

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.

Why do I need an attorney?

Why might I need a lawyer to handle a employment-related problem? To fully enforce state and federal laws protecting employees against illegal actions by their employers, you will need an attorney in many situations where you have a serious problem with your employer and need to take legal action.

What is employment law?

Employment law is a highly specialized and an ever-changing area of the law with significant gray areas. Retain someone who has represented individual employees, not employers. For more information on potential sources for employment lawyers, see the Workplace Fairness employment attorney directory.

Can an employer file a lawsuit without a lawyer?

Most employers have much more experience and resources than you to evaluate and handle claims. An employee who has not consulted an attorney can be at a real disadvantage. Succeeding in an employment lawsuit without a lawyer (called filing "pro se") is virtually impossible.

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 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 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!

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