Is My Employer Liable For A Hazardous Workplace?
Under OSHA, employers have a responsibility to keep the workplace safe and free from serious recognized hazards. However, just because it’s required by federal law does not always mean that employers will listen. So what do you do if your workplace is hazardous? The first step requires getting a little more granular with regard to what “hazardous” means. OSHA considers a hazardous workplace to be one which contains something which could cause injury and adverse health effects to people and damage to the facility or equipment. If your workplace situation meets this definition, you can file a complaint with OSHA. If the hazard in your workplace has resulted in illness or physical injury, it’s important to take action.
Has A Workplace Hazard Caused You Illness or Physical Injury?
If a hazard at your workplace has resulted in an illness or physical injury, you may have legal options available to you. The best course of action depends largely on what your employment classification is at your place of work. That is, whether you are classified as an employee or an independent contractor. If you are an employee and you were injured at your place of work in Maryland, your employer must carry workers’ compensation insurance. If you are an employee who has suffered an injury or developed an illness due to a workplace hazard, it’s important to file a workers’ compensation claim as soon as possible. If you have already filed a claim but are struggling to get the compensation, benefits, and support that you are entitled to, a Maryland workers’ compensation attorney can fight to ensure that your rights are protected and that you get the benefits and compensation that you are owed.
If you are classified as an independent contractor, in most cases, you do not qualify for workers’ compensation insurance benefits under Maryland law. However, you also aren’t restricted in your ability to sue for any harm you have suffered, provided it was caused by your negligence, or otherwise reckless or malicious conduct. For instance, if a business ignored multiple reports about a broken handrail and then an independent contractor was injured on the stairs as a result of the broken handrail, the independent contractor could sue the business for negligence. If it was an employee, on the other hand, the employee could file a workers’ compensation insurance claim with the employer and would receive medical care and paid time off while they recovered from their injuries.
Schedule a Consultation with Berman, Sobin, Gross, LLP
If you have been injured due to a hazard or negligent or reckless conduct at a workplace, the experienced Maryland workers’ compensation attorneys at Berman, Sobin, Gross, LLP are ready to zealously advocate on your behalf and fight to get you every dollar that you are entitled to. Contact us today to schedule your consultation.
Resource:
hosha.gov/workers/file-complaint
