| |
-
Review copies of appropriate
standards, rules, regulations, and requirements that the employer is
required to have available at the workplace;
-
Request information from the
employer on safety and health hazards in the workplace, appropriate
precautions to take, and procedures to follow if the employee is
involved in an accident or is exposed to toxic substances;
-
Gain access to relevant
employee exposure and medical records;
-
Request an OSHA inspection if
they believe hazardous conditions or violations of standards exist in
the workplace;
-
Accompany an OSHA compliance
officer during the inspection tour, or have an authorized employee
representative do so;
-
Respond to questions from the
OSHA compliance officer;
-
Observe any monitoring or
measuring of hazardous materials and see the resulting records, as
specified under the OSH Act and required by OSHA standards;
-
Review or have an authorized
representative review the employer’s Log of Work-Related Occupational
Injuries and Illnesses (OSHA 300) at a reasonable time and in a
reasonable manner;
-
Object to the timeframe set by
OSHA for the employer to correct a violation by writing to the OSHA area
director within 15 working days from the date the employer receives the
citation;
-
Submit a written request to the
National Institute for Occupational Safety and Health for information on
whether any substance in the workplace has potentially toxic effects in
the concentration being used, and, if requested, have their names
withheld from the employer;
-
Be notified if the employer
applies for a variance from an OSHA standard, and have an opportunity to
testify at a variance hearing and appeal the final decision;
-
Have their names withheld from
their employer, by request to OSHA, if they sign and file a written
complaint;
-
Be advised of OSHA actions
regarding a complaint, and request an informal review of any decision
not to inspect the site or issue a citation;
-
File a complaint if punished or
discriminated against for acting as a "whistleblower" under the OSH Act
or 13 other federal statutes for which OSHA has jurisdiction, or for
refusing to work when faced with imminent danger of death or serious
injury and there is insufficient time for OSHA to inspect.
Union employees who suffer a
work-related injury may seek assistance from their union representatives and
stewards:
-
Your union may help you to
obtain compensation through their collective bargaining agreements
(contracts) and can advise you and your lawyer on the provisions
concerning such benefits.
-
An attorney working with your
union representative can often achieve greater benefits for you. It is
to your advantage to consult both an experienced workers compensation
attorney and your union steward.
-
Generally, an employer does not
have to hold your job open while you are unable to work due to injury.
However, as a unionized employee, your union contract may place
different restrictions and obligations on your employer.
-
Union representatives may also
have the legal right to request information from employers that might
assist in your workers compensation claim including: safety records,
data about toxic substances, prior workplace injuries, et al.
Only experienced attorneys can
advise you of the appropriate course of action to increase the probability
of winning your claim. Your attorney can also provide information on the
ways that claims can be settled including arbitration, mediation, and
collective bargaining. Again, a competent attorney will develop a strategy
to ensure the best results in your claim. It is important to remember that
if you retain an attorney because you have been denied benefits or face a
change in benefits, that law states that the majority of attorneys’ fees
will be paid by the Workers’ Compensation Insurer.
Our
firm has total dedication to the injured worker. In order to accomplish that, we
handle your claim with the following attitude:
-
 We stay on top of our cases and move quickly
- We ensure our clients are receiving all
benefits in a timely fashion
- If the claim is denied, we act quickly and
aggressively to obtain hearings and present the best possible claim for our
client
- If it is in our client’s best interest to
settle, we move it along to obtain a maximum settlement for the client
- We treat our injured workers with courtesy
and respect, understanding our clients’ frustration with being out of work
Nothing less than a positive, aggressive
approach for our clients is acceptable in this firm!
 Click here to
Make an Inquiry
Click here for
Frequently Asked Questions About Workers Compensation
Click
here for Workers Compensation Facts & Figures
Click
here for North Carolina Workers Compensation Statutes
Click
here for U.S. Department of Labor - Bureau of Labor Statistics
Click
here for Workers Compensation & Union Workers Information
Click
here for Additional Workers Compensation & Union Information
Workers' Compensation Glossary of Legal Terms
Directory
of Labor Organizations
Workplace
Fatalities 2005
|
