What type of legal recourse does an employee have after a place of employment subjected the employee to health and safety hazards?

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What type of legal recourse does an employee have after a place of employment subjected the employee to health and safety hazards?

I would like to know what legal recourse does an employee have after having been exposed to toxic fumes at my place of employment throughout the course of an extensive time frame. The extensive violations were related to OSHA standards. Also what is the SOL. By the way, I am not interested in worker’s comp related information.

Asked on August 1, 2012 under Employment Labor Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This is not a workers compensation type of case, though it may involve it as some point. Statutes of limitation all depend on the state, whether this violation/harm can be considered a private harm or medical harm or if the harm did not appear or was not known until years after the exposure.  If this is an isolated situation, you are looking at one type of civil litigation route. You need to talk to an attorney in your state who has handled OSHA violations, labor violations and research whether this employer has had OSHA audits in the past and has had violations written against it.


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