We all have days when we do not feel like going to work. We may be too tired or we had so much fun over the weekend that we feel unprepared to return to the office. But for some, the dread is more than that– its genuine fear. It means going to work each day consumed by gnawing anxiety over what feels like an injury destined to happen due to unsafe working conditions or a boss who just doesn’t care enough to do the right thing. Workplace retaliation, the backlash you could receive if you speak up on these dangerous conditions, is another worry for many employees confronted by workplace hazards emerging from neglected workplace regulations and protocol. If you’re in California and facing such risks, consulting with San Bernardino whistleblower protection lawyers can provide the guidance you need. You may have noticed hazardous equipment, toxic fumes, or other conditions in your workplace or on the job site that make going to work unsafe. Countless workers in California and across the country are facing similar risks.
The Brave Act of Blowing the Whistle
Whistleblowing is the act of reporting illegal or unethical activities within an organization. In the workplace, this often translates to disclosing safety hazards, concerns, or violations of labor laws. It’s a highly courageous effort that can prevent severe injuries and even death for yourself and your coworkers. However, it’s critical to understand the possible risks involved.
Whistleblower Protections: Your Shield
Federal and state laws provide safeguards for employees who report workplace safety concerns. These protections vary by jurisdiction, but typically, they prohibit employers from engaging in whistleblower retaliation. Revenge can take many shapes, from termination to harassment. The Occupational Safety and Health Administration (OSHA) is a crucial federal agency in terms of stringent compliance with workplace safety codes. They are responsible for enforcing workplace regulations. OSHA offers specific whistleblower protections for employees who report safety violations. Additionally, many states have their own whistleblower laws that may provide an even broader scope of protections .
California offers many special provisions under the California Labor Code Section 1102.5 dedicated to whistleblowers. The law prohibits employers from retaliating against an employee who discloses information related to unlawful practices, whether to a government agency, law enforcement, supervisors, or another designated individual. Other key provisions of the California Labor Codes Sec 1102.5 include:
- Protection for disclosures: Employees are protected when disclosing information about unlawful activities, including violations of safety regulations
- Prohibition of retaliation: Employers are prohibited from taking adverse actions against employees for reporting unlawful activities.
- Remedies: Employees who experience retaliation may be entitled to reinstatement of their position, compensation for lost wages or backpay, and other damages.
When Safety Breaches Lead to Injury
If you’ve reported safety concerns and subsequently suffered a workplace injury, you might have grounds for both a whistleblower claim and a personal injury claim. Let’s break it down and examine the differences:
The Whistleblower Claim: Focuses on the employer’s retaliation for reporting safety violations. The goal here is to seek reinstatement backpay and other remedies to this deplorable situation.
Personal Injury claims focus on the physical harm you’ve suffered due to dangerous working conditions or employee negligence. The goal here is to recover damages for medical expenses, loss, wages, pain, suffering, and other losses that may have been accumulated due to the injury and workplace accident stemming from unsafe conditions.
Common workplace injuries related to safety violations include:
- Slip and falls: Caused by wet floors, inadequate lighting, or tripping hazards, slip and falls are all too familiar in many workplaces.
- Repetitive Stress Injuries (RSIs): RSIs can occur due to improper equipment, ergonomic design flaws, or other reasons like ignored reasonable accommodation requests.
- Back Injuries: These damages often result from heavy lifting or improper lifting techniques and sometimes from a lack of training from your supervisor or boss.
- Burns: Dealing with hazardous chemicals or equipment malfunctions can result in burns, which are not only painful but, dependent on the severity, can be life-changing injuries.
- Exposure to toxic substances: These workplace injuries often lead to respiratory illnesses or other serious health problems.
- Machinery accidents: Some of the most detrimental injuries fall in this category and result in amputations, lacerations, or crushing injuries.
It’s critical to note that you may be able to pursue both types of claims simultaneously.
Gathering Key Evidence to Protect Yourself
Gathering evidence supporting this wrongdoing will be paramount if you believe you are being targeted and retaliated against at work. Evidence is the backbone of your case, strengthening your position and claim. Consider documenting the following:
Safety Violations: Detailed descriptions of unsafe conditions, including dates times and locations
Report of Hazards: Copies of written or verbal reports you made to supervisors or management.
Retaliation: Evidence of any negative and damaging actions that were taken against you after you reported your safety concerns fall under retaliation. Retaliation can include disciplinary, write-ups, demotions, or changes in work assignments.
Medical Records: Documentation of your injuries can come from doctors, treatment centers, hospitals, and more in the form of treatment plans and medical bills. You may even end up needing to request expert testimony from your physician, so the emphasis on going to all your appointments and maintaining records cannot be overstated.
Witness statements: You will want to corroborate your claims—statements from coworkers can build your case, provide proof of the safety hazards, and back up how your injury occurred.
Seeking Appropriate Legal Counsel
Whistleblower protections and personal injury law are complex and turn into significant cases. Consulting with an experienced San Bernardino whistleblower protection attorney who specializes in personal injury law will maximize your chances of a successful outcome. Your whistleblower protection lawyer will evaluate all angles of your claim, guide you through the many layers of the legal process, and represent your interests, whether during negotiations or should the matter go to court during litigation. They will also help you recover compensation for all the damages and harm you have suffered. You are not alone! Schedule a confidential and free initial consultation with a seasoned California whistleblower protection attorney today or call our employment law firm at 909-884-6451.
