Need advice for unsafe working environment

UPDATED: Oct 1, 2022

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Need advice for unsafe working environment

Yesterday morning our company did fumigation
for termites treatment. Day later we have work
in the area under the roof fumigation was done.
I work the night shift so for the whole night my
throat was not feeling well and so are my eyes.
I was told that technically there should
minimum of 72 hours before we should come
back the area for termites treatment. Is this
something I can sue my company for making
us working under this environment? They did
send a email to whole company about the
termites treatment but didn’t plan or make any
adjustments on our working hours or location

Asked on September 11, 2017 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can file a complaint to OSHA or to a state agency overseeing workplace safety for violating safety standards or having an unsafe workplace, and the agency may be able to force changes to improve safety (e.g. by fining the employer until they make changes).
However, a lawsuit is designed for essentially one thing only: to provide compensation for harm you have already provably suffered. Based on what you write, you have not yet suffered harm for whcih you could receive any compensation: there is no payment or compensation for "not feeling well" for a short time. Therefore, a lawsuit is not the correct mechanism at this point, when you have not evidently suffered any significant provable harm.

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 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.

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