[IN] What legal options exist for an employee who suffers repeated workplace injuries due to unsafe conditions?

IN Employment

Jessica B

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Based on your situation, there are several legal arguments and workplace safety regulations in Indiana that could potentially support your case:

Occupational Safety and Health Act (OSHA): Employers are required to provide a safe working environment free from recognized hazards. The lack of safety equipment and training could be seen as a violation of this requirement. (OSH Act of 1970 Sec. 5) (IN Code § 22-8-1.1-2)

Negligence: If an employer fails to take reasonable steps to ensure employee safety, they may be liable for negligence. This includes not providing necessary safety equipment or training.

Workers' Compensation: While this typically covers injuries sustained at work, repeated unsafe conditions and lack of corrective action might strengthen a claim for additional damages outside of standard workers' compensation.

Documentation and Evidence: Emails, security footage, and any other records of unsafe conditions or incidents can serve as crucial evidence in demonstrating a pattern of negligence or unsafe practices.

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I worked as a Facility Maintenance Technician in Indiana. Over the years, my co-workers and I have had many different minor injuries and accidents due to a complete lack of safety equipment, training, or other guidelines. One manager in my department has very recently made an effort to provide PPE and enforce stricter safety regulations, but it is clearly just to avoid any consequences for their many years of negligence, and not out of concern for the well-being of my co-workers and me. I am interested in pursuing some form of legal action, including a lawsuit, if I can.

Lexi, Chatbot

I'm sorry to hear about the unsafe working conditions you've experienced; that sounds very concerning. Have you or any of your co-workers reported these safety issues to your employer or any regulatory agency?

Not yet, but discussing these past issues with a regulatory agency has crossed my mind.

Lexi, Chatbot

Have you documented any specific incidents or injuries that occurred due to the lack of safety equipment or training?

Not exactly. We use emails to communicate, so that provides some form of a paper trail. I have considered recording one-on-one conversations in which I discuss these problems with my co-workers. Lastly, I have access to our security cameras and have considered reviewing any available examples of us working under unsafe conditions. I am interested in learning about any other "documentation" that would be helpful in a legal case.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your workplace safety issues.

Yes, some examples of the "minor injuries and accidents" I mentioned earlier would include a few different things. Electrical shock would be a very common occurrence. I personally have been electrocuted or shocked multiple times while working on circuits for things like outlets and lights, all of which could have been avoided with a standard Lockout/Tagout procedure and some insulated equipment. All of my co-workers have been shocked or electrocuted under the same circumstances while working on the same or similar tasks. Another common accident would be falling off ladders. Multiple people have also fallen off different types of ladders. There has been only one serious injury that I am currently aware of, in which someone had to be taken to a hospital after a fall several years ago. They still have some back problems. The other examples have not resulted in serious, lasting effects.

Jessica B

Thank you for reaching out! My name is Jessica and I am a licensed attorney that will be assisting you with your question. I understand you're dealing with a situation involving unsafe working conditions as a Facility Maintenance Technician in Indiana, leading to minor injuries and accidents due to lack of safety equipment and training. Have you considered any specific actions or legal steps you might take in response to this situation?

I have been thinking about taking legal action. I am interested in learning more about how I can prove these claims legally and what I can do after I have obtained evidence.

Jessica B

It's great that you're thinking ahead about gathering evidence. To help you better, could you tell me if there are any specific incidents or dates that stand out regarding these unsafe conditions? This will help in understanding the timeline of events.

Specifically speaking, one serious accident happened when a young HVAC apprentice tried to climb down a ladder from a roof access. It turned out that someone else had moved lots of equipment and other things into that room, then turned the lights out and left. The young apprentice tripped over the equipment and fell while attempting to climb down the ladder in the dark. Luckily, he didn't suffer from any injuries. There was no sign-in/sign-out system at that time that could have prevented his accident. Other examples would be a time when my manager asked me to replace a broken outlet while the circuit was on. We were unable to find the correct breaker and they didn't provide me with any safety equipment. I have been shocked on two other occasions, both of which I was rewiring some old lightbulb circuits to work with new LEDs. During both instances, I was not given any PPE, and we did not have the means for a Lockout/Tagout procedure.

Jessica B

Thanks for sharing those details. It sounds like there have been some serious oversights in safety protocols. Have you or your co-workers ever filed any internal reports or complaints about these incidents with your employer?

Not that I am aware of. That is something else that I am considering, and am curious if our HR department would be the group to file a report with?

Jessica B

Yes, filing a report with your HR department is a good step. They are typically responsible for handling workplace safety issues and can initiate an internal investigation. Have you or any of your co-workers considered reaching out to OSHA or any other regulatory bodies about these safety concerns?

No, I essentially am interested in learning what I can do to strengthen my case here, then report to a regulatory body or employment lawyer.

Jessica B

Based on your situation, there are several legal arguments and workplace safety regulations in Indiana that could potentially support your case:

Negligence: If an employer fails to take reasonable steps to ensure employee safety, they may be liable for negligence. This includes not providing necessary safety equipment or training.

Jessica B

Let me know if you have any questions or clarifications, if not I'll move forward with guidance.

I do have a question. I have been interested in recording one-on-one conversations in which I discuss these problems with my co-workers and managers. Can that be a helpful decision that could serve as a supportive "record" for my case?

Jessica B

Recording conversations can indeed be helpful, but it's important to know the legalities involved. In Indiana, you are allowed to record a conversation if you are a participant in it, meaning you don't need the other person's consent. However, it's always best to be cautious and ensure you're not violating any company policies by doing so.

Here's how you can strengthen your case:

Document Everything: Keep a detailed record of all incidents, including dates, times, and descriptions of what happened. Emails, security footage, and any written communications can serve as valuable evidence.
Gather Witness Statements: If possible, get written statements from co-workers who have witnessed or experienced similar unsafe conditions. This can help corroborate your claims.
Consult with an Attorney: Before taking any legal action, it might be beneficial to consult with an employment lawyer who can provide specific advice based on your situation and help you understand your rights and options.
Report to Regulatory Bodies: Consider filing a complaint with OSHA or a similar regulatory agency. They can investigate the safety violations and take appropriate action against your employer.
Internal Reporting : File a formal complaint with your HR department. This creates an official record of your concerns and may prompt them to address the issues.

Please let me know if you have further questions.

Thank you very much. Everything here has been very informative. I don't have any other questions right now. So, thank you for your time. I appreciate it.

Jessica B

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask. Don't hesitate to reach out whenever you need assistance!

Thank you.

Jessica B

32,205 satisfied customers

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