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

UPDATED: Dec 5, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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