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biggie2207
Can I sue my work for making me work in unsafe conditions?
I work at a grocery store and the ladders are really high up, high enough to reach the top of pretty high aisles. The ladder is broken now and its really wobbly. They still make me use it since it is the only option for my job and they haven't shown any interest in solving the problem.



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AZ2CO
As has been pointed out, you can't sue unless you have been damaged in some way, and if you knowingly use the ladder you could be partially at fault. Document everything. If you are coerced into using the ladder again and you get injured, DON'T accept Workman's Comp, because to accept WC you have to waive your right to sue. Document your hours that you work every week, and if they fire you for refusing to climb the unsafe ladder, then you have been damaged and can sue.

For the actual details concerning your legal rights in this matter talk to a lawyer.

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EXXONMcCAIN
you can report them OHSA

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TBECK
Rating
If it is a chain I suggest calling your human resource department first(make sure you have gone up the chain of command first). I would refuse to use it till the matter is taken care of. Take a picture of it and document everything. If nothing is happening then I would go to OSHA. If it is privately owned I would be very persistant in getting them to fix it. Tell them what you learn from OSHA.

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Rip Torn
Rating
Go to the Civil Rights Comission and put a claim to them that you do not have a choice since quitting is not a choice.

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Amanda.
Rating
I just have to say that my dad worked for a chemical-making company, and they didn't take the right safety precautions (masks, protective clothing) and after 25 years of working there, he got Stage 4 cancer.
We're in the process of suing them for half a million dollars and we have this case in the bag because we have proof that that is why he got sick in the first place.. and the company has been shut down.
My dad's life is basically over- that cancer is killing him. He has a very very high mortaility rate,
So, I would say get out of there now, trust me,
Getting the money is great,
but I miss my dad :(

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Liberty
Don't be a baby, get a new job.

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Hydrometallurgist
If its not safe, make it safe and quit whining.

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Lil' E.
call OSHA like they all said

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FRAGINAL-NOYPI
Violations of labor standards including unsafe working places is a valid groud to sue an employer.

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Hittman 3
Well at my job, you do what they tell you, or your fired. Call osha? if you stay anponoymous you may be ok, but they will find a reason to get rid of you. So ya, either climb the ladder, keep job, or dont, and lose job. Sucks this country has the worst labor laws in the modern world.

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zarek k
Rating
Chris H has a good point. "No one can be made to work". So the answer to your question is...No, you can't sue but you can call OSHA. You can do this anonymously without fear of retaliation. 1-800-321-OSHA (6742)

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david c
Rating
no one can make u do anything this is a free country

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car253
They can not fire you if your on workers comp or let them know you have been injured. Call Cal-Osha.

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rodolfo l
Use your common sense. If you found it unsafe for you don't work.

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ATJ
Rating
Sounds more like you want to set up your employer and your shopping around for legal advice. If you are in the U.S. you need to call OSHA if your in Canada they have a type of OSHA to assist you. I'll tell you if you see a ladder and know it's broken why in H??? would you use it are you that stupid does your boss have a gun to your head? Wake up!!!!

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Burned Bagels
Rating
Calling OSHA is your remedy. You can refuse to work under unsafe conditions, but you would need to have a slam dunk for an OSHA violation to be issued. If you get injured, workmen's comp is your only remedy, as it is unlikely you could proceed with a 3rd party suit against the ladder mfr.

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gerald M
Rating
For Gods sake, doesn't anyone belong to a union anymore!!!?

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Keerayzee
Get in touch with OSHA @

www.osha.gov
Any employee that feels that an employer is ignoring unsafe working conditions can order an investigation. If the employer retaliates, you can possibly sue.
My advice would be to contact OSHA. Be prepared to make a "paper trail". This means, list everyone you talk to. Make notes of whom you spoke with, when, and where.
If you have notified management of the ladder conditions, write down as much as you can about what was said and when it was said.
This will make it easier to keep up with exactly what happened later if an accident occurs. If it comes to a lawsuit, you will be questioned as to WHY you continued to use the ladder after you realized that it was unsafe. Personal responsibility goes a long way. An employer cannot force you to perform unsafe acts.

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Tina Marie
When no ones looking just finish breaking the ladder where it won't work at all. Then they will have to buy a new one.

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doglover
You cannot sue since you were not hurt so far (and hopefully won't be). Take a small digital camera to work and secretly take photos (all angles) of the ladder. Should you or any other employee get hurt while on that ladder you will have concrete evidence that it was unsafe and should not have been used.

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PrivacyNowPlease!
You need to go over the heads of your immediate supervisors-is this a chain store? Try the corporate office-human resources. I don't think you can sue if you have not made a documented report of some sort. Your supervisor could deny that you complained if it is not in writing. Proof that you went outside and beyond in your effort will give the corporate management motivation to do something or risk being libel if you are injured on the job. The poster above saying "Call osha" is a very good idea.

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LovesTheConstitution
Rating
When your question is "Can I sue if ...?", the answer is, almost always, "Yes".

The better question is "How do I solve this problem?" The best answer is not always a lawsuit.

If you and your co-workers are not already members, you might consider joining the union. My union representative has helped in so many ways. I have never had to sue to get good treatment at work.

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edphillipdoles
Call osha

If you are injured on the job, and can prove negligence on the part of the company (they knew the ladder was broken, but refused to fix it) you can sue them.

You will also recieve workers compensation if injured on the job.

Not knowing your age, but I would guess you are young?
By law you must be provided a safe working enviroment.
I have ran into problems like this before.
Refusing to follow your bosses instructions can be considered insoburdination, but if by following the order you put yourself or others in danger and can prove this (take pictures of the ladder showing the defect) Refuse to use the ladder.

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TheChad
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I wish everyone would calm down on the suing. Everyone is out for money at someone else's expense. All you have to do is refuse to use it until they get a new one. If they fire you for it then you can collect unemployment!

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danny14551
Rating
Nope not unless you get hurt and then you will have a really hard fight trying to prove they told you use it, you used it property, etc. Call the labor board now and refuse to use it.

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?
Call the labor board. That is ridiculous, they have to provide a safe working environment. Go get them.

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normobrian
No one can make you do anything, unless they have a gun to your head, of course. You have a duty to protect yourself by refusing to use the ladder. When you refuse, they can fire you. Then you will have a lawsuit. Otherwise, you can wait to be hurt while using it and sue. Right now, you have not been harmed, so you can't sue.

Because you are aware of the risks you are taking, you are also responsible for anything that happens to you. You can be fined personally by OSHA for using the ladder. You are as guilty as your employer. Personal responsibility is your personal responsibility. You can't throw your hands up and say, 'they made me do it'. That doesn't fly.

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Duane G
Rating
Call the labor board and Osha, and do not mention it to them at work. Don't tell them you called or threaten to sue them that will only get your hours cut or get you terminated. As far as legal action an atorney will probably not pick up this case because there would not be any money in it for them They usually want someone who is already hurt, and the worse the injury the better they like it, however even if you were hurt workers comp would get your employers off the hook. Now if you happened to be up on the wobley ladder and drop a 80 pound box down on a customer the customer could take that company to the cleaners.

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Hagar
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Refuse to use the ladder and tell them that you will call OSHA if they make you use the ladder. Right now you don't have any kind of a law suit unless you get hurt while using this ladder.

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CDK
Rating
Call OSHA. That will get their attention.

No, you can't sue your employer. You can't sue them after you fall and break your neck either (workers comp only).

good luck,.

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arejokerswild
Rating
Call OSHA and tell them it is an emergency situation that someone is going to seriously injure themselves. If you have an accident you can sue because of gross negligence. That would be separate from your workman's comp claim.

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