Unsafe Working Conditions Lawyer in Durham
Key Takeaways
- Unsafe working conditions can cause serious workplace injuries and may include defective equipment, electrical hazards, inadequate safety procedures, or insufficient PPE.
- North Carolina workers’ compensation generally provides the primary remedy for employees injured by unsafe workplace conditions, regardless of employer negligence.
- Injured workers should report the injury promptly, seek medical care, and file Form 18 with the North Carolina Industrial Commission within two years.
- Evidence such as photos, incident reports, medical records, maintenance records, and witness statements can strengthen a claim.
- A third-party personal injury claim may provide additional compensation when someone other than the employer contributed to the injury.
- A Durham unsafe working conditions lawyer can help identify available benefits, gather evidence, handle disputes, and pursue all potential sources of compensation.
As an employee, you deserve to feel safe where you work. Unfortunately, some employers overlook workplace safety regulations or industry safety standards, putting their workers’ health and safety at risk. Unsafe working conditions can result in serious physical harm, leaving victims with long-term injuries and an uncertain future.
If you’ve been hurt because of unsafe working conditions in Durham, the experienced attorneys at Kornbluth Ginsberg Law Group, P.A. can help you assert your rights under North Carolina law.
Our legal team works diligently to help injured workers recover the benefits and financial compensation they deserve after on-the-job accidents. With over 100 years of combined legal experience in injury and workers’ compensation law, we provide clients with the resources of a big law firm combined with the personalized attention of a boutique firm.
Our attorneys have earned a reputation for excellence in Durham and across the Tar Heel State, including recognition from Super Lawyers and membership in the Multi-Million Dollar Advocates Forum.
Contact Kornbluth Ginsberg Law Group, P.A. today for a free consultation with an unsafe working conditions lawyer. We’ll discuss how our firm can pursue financial relief to help you recover from injuries and move on with your life.
How a Durham Unsafe Working Conditions Lawyer Can Help
After a work-related injury, you deserve to focus on your medical treatment and recovery. Depending on the circumstances of your case, your injury may also raise important legal questions. Hiring an attorney can give you an advocate who can identify all potential sources of financial recovery and support you throughout the legal process.
An unsafe work conditions lawyer from Kornbluth Ginsberg Law Group, P.A. can pursue the resources and compensation you need while you rest and heal.
We can help you by:
- Evaluating your legal rights to workers’ compensation benefits or compensation under North Carolina workers’ comp and personal injury laws
- Gathering evidence to support your workers’ comp or injury claim
- Reviewing medical records and documenting treatment expenses or lost wages
- Working with the employer and insurer to secure fair workers’ compensation benefits
- Pursuing formal workers’ compensation proceedings to navigate disputes and fight for full benefits
- Filing third-party injury claims, if applicable, to seek maximum compensation
What Are Unsafe Working Conditions?
Unsafe workplace conditions can include any hazard that increases the risk of accidents or injury for employees in the workplace.
Common examples of unsafe conditions include:
- Damaged, poorly maintained, or defective equipment, power tools, or machinery
- Unguarded machinery parts or blades
- Broken or missing emergency shut-off switches
- Inadequate lockout/tagout procedures or equipment
- Exposed electrical wiring or frayed power cords
- Slippery or cluttered floors
- Inadequate lighting
- Poor ventilation for workspaces with toxic gases
- Lack of ventilation or cooling for high-temperature workspaces
- Unsafely stored flammable, toxic, or hazardous materials
- Lack of personal protective equipment (PPE), such as helmets and safety glasses
- Lack of emergency alarms, smoke/fire/toxic gas detectors, and fire suppression equipment
- Inadequate safety procedures or employee training
What Evidence Can Strengthen Your Unsafe Working Conditions Claim?
A worker injured by hazardous workplace conditions needs evidence to help them pursue a workers’ compensation or personal injury claim.
Some of the proof that can strengthen an unsafe working conditions case includes:
- Maintenance and repair records
- Workplace photos
- Eyewitness testimony from co-workers and other parties
- Incident reports
- State or federal safety agency inspections
- Employee complaints filed with state and federal safety regulators
- Safety expert testimony
- Medical records related to workplace injuries
- Records of out-of-pocket treatment or rehabilitation expenses
- Pay records to calculate pre-injury average wages and lost income
How to Report Unsafe Working Conditions in Durham, NC
If you notice unsafe or unhealthy conditions at work, notify your employer immediately. If your employer fails to remedy the conditions, you can also report hazardous workplace conditions to the North Carolina Department of Labor’s Occupational Safety and Health Division (NC OSH).
In certain circumstances, the federal OSHA may have jurisdiction over workplace safety complaints.
If unfit work conditions lead to an on-the-job injury, you must take certain steps to protect your right to workers’ compensation benefits in Durham, North Carolina.
You should:
- Report the accident and injuries to your employer in writing as soon as possible, and no longer than 30 days after the incident.
- See a doctor and follow their recommendations and restrictions.
- File Form 18 with the N.C. Industrial Commission within two years of the injury to protect your workers’ compensation claim.
- Gather your medical records, rehabilitation documentation, bills or invoices of out-of-pocket medical expenses, and pay stubs if you need to take time off work because of your injuries.
Can You Sue Your Employer for Unsafe Working Conditions?
When a workplace hazard hurts you, you may ask, “Can I sue my employer for unsafe working conditions?” Under most circumstances, no.
North Carolina’s workers’ compensation benefits are considered an exclusive remedy. Under the law, you do not have to prove that your employer was negligent to receive benefits. But in exchange for those no-fault benefits, you generally cannot sue your employer for an unsafe work environment.
There is another potential source of compensation. If someone other than your employer contributed to causing your injuries, you may also have the option to pursue a personal injury claim against that third party.
It’s important to determine whether that circumstance applies to your case because it opens the door to potentially recover additional compensation beyond what North Carolina workers’ compensation provides.
For example, a third-party personal injury claim may provide you with financial recovery for pain and suffering and certain other economic damages.
Contact a Durham Unsafe Working Conditions Lawyer Today
Compensation may be available if you suffered an injury due to hazardous conditions in a Durham workplace.
An experienced unsafe work conditions attorney from Kornbluth Ginsberg Law Group, P.A. can evaluate your case and determine your legal options in a free consultation. Contact us today to get started.
