Can I Sue My Employer for No PPE?
If you were injured on the job in California, you are entitled to workers’ compensation coverage. Workers’ comp is available regardless of who caused the accident, whether it was negligence by your company, your co-workers, or even yourself. Workers’ comp benefits include two-thirds of your missed wages, medical expenses, and certain other benefits depending on the nature and circumstances of your injuries. You cannot collect additional damages, such as for your pain and suffering.
If your workplace accident occurred because your employer failed to provide you with personal protective equipment (PPE), do you have any additional claims for damages? Or are you limited to workers’ comp benefits? Read on for a discussion of claims relating to lack of PPE and other safety violations, and call a seasoned Riverside workers’ compensation attorney for advice and assistance with your workers’ comp or personal injury claims in Southern California.
What Is PPE?
Personal protective equipment, or PPE, refers to safety gear meant to protect you from illness or injury. PPE includes things like helmets, face shields, leather gloves, hard hats, earplugs, safety shoes or boots, etc. In the COVID area (as well as for all medical personnel), PPE also covers things like face masks and latex gloves.
Employers are required to provide appropriate PPE for all employees. The required PPE changes depending on the industry and the nature of the job. Contractors are required to provide hard hats, gloves, and other gear to construction workers; medical offices are required to provide surgical masks and other medical PPE for their workers; etc. Failure to provide and utilize PPE greatly increases the chance of a serious workplace injury or illness.
The COVID-19 pandemic added additional requirements for many employers across the country. Especially for workers in customer-facing positions, employers were required to provide masks, gloves, and other appropriate sanitation gear. Failure to provide appropriate gear can lead to workers contracting the coronavirus or other communicable illnesses.
If you or someone you love has suffered illness or injury on the job in California, get help seeking the workers’ compensation benefits you’re owed by contacting the Riverside offices of Ochoa & Calderón for a consultation on your case.
Most Injury Claims Are Limited to Workers’ Comp
Even though the Occupational Safety and Health Administration (OSHA) and other agencies require employers to provide proper PPE, employees are generally limited to workers’ compensation claims if they are injured or contract an illness at work–even if the lack of PPE directly contributed to the injury or illness.
In order to file a personal injury lawsuit against your employer, you’ll likely need to prove either that your employer does not carry workers’ comp insurance (which is illegal), or that they intentionally caused you harm by not providing you with PPE and otherwise putting you in harm’s way.
OSHA Violations and Sanctions
Although you may be limited in your remedies should you suffer an injury at work, there are other remedies available. If you are worried about going to work or performing certain tasks because your employer is not providing PPE or they are otherwise creating an unsafe work environment, you can file a complaint with OSHA or California’s workplace safety agency.
If OSHA finds that your employer is violating safety regulations, they could face a number of sanctions, including fines and being forced to change their practices. They could even lose their business license.
You cannot and should not be forced to work under unsafe working conditions. If you are concerned about safety protocols at your workplace, talk to an experienced labor & employment attorney to discuss your options.
If you or someone you love has suffered illness or injury on the job in California, get help seeking the workers’ compensation benefits you’re owed by contacting the Riverside offices of Ochoa & Calderón for a consultation on your case.
