If my employer had me work for over a year with blood and other pathogens without proper training, can I take legal action?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my employer had me work for over a year with blood and other pathogens without proper training, can I take legal action?

I work as a laundry attendant for a chain of time share resorts. I’ve had to work with pathogens for over a year, and other employees for longer, without training, an exposure plan nor been offered an HBV vaccine until recently. Can I take legal action against the company?

Asked on December 5, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Have you been sickened, injured, or made ill? If not, then you cannot sue the company; the legal system only provides compensation for actual losses or injuries, so if you have not been injured or damaged, there is nothing to sue for.

You could try contacting federal or state agencies which oversee workplace safety (e.g. OSHA), and see if there are any workplace safety rules being violated.  If so, the agency may force the employer to come into compliance.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption