The Occupational Safety and Health Administration (OSHA) is an organization created to keep workers safe by mandating secure and healthy work environments and enforcing training and safety standards across the occupational landscape of the United States. They also provide guidelines intended to protect the rights of workers in case of an on-the-job accident. If you believe your workplace is unsafe, you can file a complaint with OSHA and schedule an inspection of the site.
It’s not always easy to know if you should file a complaint, however. To get answers, contact the injured worker attorneys at Tucker Lawyers to discuss the situation and receive free advice. If you suffered injuries because of unsafe working conditions, we’re here to help you. With decades of experience, we offer guidance as you navigate complaints and workers’ compensation claims.
Contact Tucker Lawyers today. Call (516) 399-2364 and speak with a workers’ compensation attorney who cares.
Why Choose Us?
Relying on Experienced and Dedicated Representation
No one should feel fear at work. If you find that your workplace is dangerous, you need fierce advocates who will defend your rights. At Tucker Lawyers, we have decades of experience helping people recover compensation after suffering losses because of someone else’s negligent or wrongful conduct.
We have litigation experience, so we’ll never shy away from taking your case to court if that’s the right option. With aggressive representation, you can receive the assistance you deserve.
What Are My Rights?
There are many jobs in workplaces where there are risks that cannot be avoided. Accidents do happen, even when precautionary measures are taken. However, if your injuries were caused by someone else’s negligence, then your rights have been compromised and you could be entitled to payment via a workers’ compensation claim. Supervisors have an obligation to carefully maintain a job site to its fullest potential security. That means meeting all OSHA guidelines and addressing all possible safety hazards in a thorough and timely manner. Here are some of the responsibilities of every employer:
- Medical and injury records must be kept and disclosed when requested.
- An employer must maintain a jobsite in its safest possible state.
- Any test that can be done to diagnose workplace hazards must be performed regularly, as per OSHA standards.
- An employer may not retaliate against an employer who files a claim with OSHA in the attempt to make for a safer workplace. This includes withholding pay, raises, or promotions.
- An employer must notify OSHA within 8 hours if an onsite death has taken place or an accident has caused the hospitalization of three or more employees.
- An employer must keep their workers well-trained and must have them undergo tests to ensure that they’re physically and mentally capable of performing their job duties.
As an employee, you are entitled to the following basic rights:
- The right to be promptly notified of any unsafe working condition
- The right to be appropriately trained and informed
- The right to never be discriminated against for contacting OSHA.
If your rights are being compromised in any way, contact our team to get assistance in rectifying the situation. For those who’ve already suffered an injury because of a rights violation, you may be eligible to receive compensation. Our team at Tucker Lawyers can help you understand what the next steps are.
Our team of personal injury lawyers offers free consultations and never charges an upfront fee. Remember: If you don’t get paid, we don’t, either.
Workers’ Compensation Claims: What They Are and How to File One
Workers’ compensation offers benefits to workers who have been injured or sustained illnesses because of work-related accidents. These benefits include:
- Partial wage replacement
- Occupational and rehabilitation therapy
- Temporary or permanent disability
- Coverage of medical expenses
- Benefits that pay for retraining and skill enhancement
- Compensation to family members if the worker dies.
Almost all employers in New York must have workers’ compensation insurance. If you suffer an accident at work, you need to notify your supervisor and get immediate medical care. You will also need to let your employer know within 30 days that the accident occurred, and this notice must be in writing. They then have to report the accident to the insurance company. It can seem like a simple process, but it’s actually complex, with many deadlines that have to be met.
There’s also the risk of being denied. It’s more common than people think, and it can be devastating to have to go through an appeals process when you’re dealing with injuries. We can help you with all of that at Tucker Lawyers. We have decades of experience filing workers’ compensation claims and getting our clients the help they need. You don’t have to go through this process alone.
Workers’ Rights and Workers’ Compensation FAQs
If your rights as a worker have been violated and you would like to file a complaint, or if you’ve suffered injuries at work and would like to begin a workers’ compensation claim, we have the answers to some of your most pressing questions.
Can I be penalized for reporting an OSHA violation?
An employer can’t retaliate against an employee for exercising their rights. Reporting OSHA violations and any other safety concerns you have is something that the federal government protects. If you have been penalized in any way, either by facing a reduction of work hours or even being fired, contact our team. We will advocate for you to ensure your rights are protected.
What coverage does workers’ compensation offer?
If you file a workers’ compensation claim, you can get reimbursement for medical expenses as well as coverage for lost wages and disability. Keep in mind that workers’ compensation won’t cover your full wages. Usually, you’ll receive about two-thirds of your pay. To learn more about the exact benefits you may be entitled to, schedule a free consultation with us.
Can I sue my employer?
Workers’ compensation insurance protects your employer from being sued. If third parties were involved in the accident, however, you can file a lawsuit against them without having to forfeit your workers’ compensation benefits.
What do I do if I think my worker’s rights are being violated?
If you suspect that your rights are being violated, you need to contact our team as quickly as possible. We will help you understand what the process of filing a complaint involves and show you how we can help.
If you work in an unsafe environment and fear suffering injuries or have already suffered them, contact our team for help.
Contact Tucker Lawyers to Speak With Experienced Workers’ Rights Attorneys
Get the Assistance You Deserve
You have rights as a worker that the federal government protects. You must feel safe when you work and need to receive the training and equipment you require to do your job. If worksite conditions are violating your rights, you can file a complaint. For those who have suffered injuries because of those violations, you can go further and file a workers’ compensation claim.
At Tucker Lawyers, our workers’ rights attorneys have experience with the most complex of cases. We have helped clients recover millions in settlements and jury awards, so don’t hesitate to contact our team to learn more about your options.
Schedule a free consultation with our workers’ rights lawyers by calling us at (516) 399-2364.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]