Does this qualify as employer negligence?

by Brian
(Orlando, FL)

There are several issues I, and several of my coworkers, have with our employer. We are wondering if we can sue for any of the following actions...

The first is for me specifically. My employer put me in a potentially dangerous situation. I had to climb inside a machine to make adjustments, even though I wasn't maintenance or an engineer.

The fact that I knew it was unsafe threw me into a state of depression (along with the fact that I was previously suspended for damaging a part in another machine I was not properly trained on). Are these actions by my employer a breach of duty of care, or just egregious conduct?

The second issue is that there are a lot of hand injuries occurring at my job, and no one is raising a flag as to what's going on. Some people also have arm and shoulder pain from repetitive work. My employer isn't even entertaining the notion of rotating jobs. I myself just had my 2nd carpal tunnel surgery in 7 yrs.

Is my employer being negligent and not living up to its duty to care for its employees? Any information you can give about the employer's duty and my options would be helpful. Thank you.

Visitor Question:
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ANSWER for "Does this qualify as employer negligence?":

Brian (Orlando, FL) :

Based on the facts you present, your employer's having directed you to operate a machine with which you had no experience was not a breach of his or her duty of care, nor did your employer's actions appear to have constituted egregious conduct. The facts you present just don't support either allegation.

Fortunately, you weren't injured. If you had been, you might have the basis of a workers' compensation claim.

If your employer's workers' comp insurance company consistently receives claims for hand and shoulder injuries, the company will likely intervene and request your employer modify work conditions so as to eliminate, or substantially diminish the occurrence of those types of injuries.

Because you and your fellow workers are compensated for injuries under workers' compensation laws in Florida, the issue of employer negligence is irrelevant. Negligence is not a requirement for purposes of work injury claims.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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