How to File an OSHA Complaint Against Your Employer

How to File an OSHA Complaint Against Your Employer

When you go to work each day, you provide a service and receive payment for providing that work. You have reasonable expectations of safety while working at the location. Unfortunately, it is very common for workers to see mistakes occur or not be given the right protection while on the job. Often, this causes workplace injuries, sometimes with significant consequences. In some situations, you may wish to file a claim with the U.S. Department of Labor’s Occupational Safety and Health Administration. This organization’s goal is to help you to work in a safe location.

If you were hurt at work, you already have the right to file a workers’ compensation claim for your losses. However, you may want to be proactive and help your workers remain safe. This may be when you decide to file a claim with OSHA. You can do this, but it is often a process requiring legal guidance. At Siler & Ingber, LLP, we are happy to assist you in this process.

Who Can File a Complaint with OSHA?

OSHA’s guidelines are meant to provide employees with protections while on the job. As a result, you can file a claim to report an employer who you believe may be in violation of these requirements. This will likely create an opportunity for OSHA to come to the location to inspect the location.

What Are Your Rights?

Federal law provides the right for workers to have a safe place to work free from any known safety and health hazards. And, you legally have the right to file such a complaint with OSHA without any risk of retaliation on the part of the employer. Here is a look at some of your rights as defined by OSHA as employer responsibilities.

  • Your employer must provide training to you in a language you understand.
  • The employer must provide protection from toxic chemicals.
  • The employer must provide necessary safety gear when a risk is present.
  • You have the right to review records of any work-related injuries and illnesses that occur.
  • You have the right to report an injury or an illness.

How Do You File a Complaint?

To file a complaint with OSHA, you simply need to follow the steps on OSHA’s website. You can do this online, by mail or fax, or over the phone. Keep in mind that you should never wait long to file this complaint. Do so as soon as you notice the compliance problem or hazard present. Most importantly, you must file soon to ensure OSHA has time to inspect and issue necessary violations within six months of the event occur.

Will You Lose Your Job If You File a Complaint?

It is very clearly defined under federal law that employers cannot retaliate against you for filing a complaint like this. This means the employer cannot fire you or treat you differently for contacting OSHA and filing a request for an inspection. They cannot transfer you either. If this is something that occurs, it is essential that you file a whistleblower complaint with OSHA, which will protect you. You must do this within 30 days of the incident. You can visit the OSHA Whistleblower Protection Program to read the guidelines and file the complaint online, by fax or mail, or over the phone.

What About Your Losses?

OSHA does not pay you anything if you file a complaint. If you suffer loss as a result of these violations, though, you may have the right to file a claim for compensation. It may fall under workers’ compensation claims. Or, the claim may fall under other personal injury claims depending on the situation. In all cases, you should seek out an attorney right away.

Though it is illegal to retaliate against these types of complaints, risks exist. And, you may have the right to financial compensation for your losses. This will take a lawsuit filed against the company or a claim filed with the company’s insurance agent. It is essential to report each claim if you notice them. Let us help you to determine what your rights are, if you should file a complaint, and what your compensation may be. We provide confidential support to you. There’s no risk in speaking to your attorney before you file a claim.

Before You File a Complaint, Request a Free Case Review

Filing an OSHA complaint is not the only step you can take to recover from the losses you suffer. We encourage you to contact our legal team at Siler & Ingber, LLP to discuss your case. We offer a free case review to discuss what occurred and what your legal rights are. We’ve helped clients for 20 years and have secured awards of over $50 million. We’re confident we can help you as well. Call our legal team at 877-718-6079 to request a free case review or use our online form, and we’ll contact you.

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