When it comes to contracting diseases at the workplace, our focus shifts to healthcare providers. However, you can still get a disease at work even if you do not work at a health care facility. You can contract a disease while you are at the salon, barbershop, and any other place that poses a risk of exposure to communicable diseases. If your employer hasn’t enforced appropriate measures to ensure that its employees are safe at the workplace, then you have a right to file a lawsuit against them. Consult a New Bedford workers compensation lawyer today to find out what your options are outside of the workers compensation system.
You’ll need to consult a lawyer because proving that you contracted your disease from your workplace can be challenging and you need the expertise of a lawyer who has dealt with situations similar to yours.
Should You File a Personal Injury Lawsuit Against Your Employer if You Fell Sick at Work?
For any injuries sustained at work, you’re likely to get compensation by filing a workers compensation claim. The workers compensation system was designed to protect employers such that employees could not file a personal injury lawsuit before, while, or after receiving workers comp benefits.
However, certain situations do allow employees to file a personal injury lawsuit and they include:
- Maliciously or intentionally putting an employee at risk of contracting a disease
- Your employer does not have workers compensation insurance
- Your illness was caused by a third party
Unfortunately, under the workers compensation law in Massachusetts, you cannot get compensation for contracting community diseases such as the common cold or the flu because it is hard to prove that you contracted them at the workplace.
However, communicable diseases could be covered depending on your line of work. For example, a doctor working with COVID-19 patients is likely to qualify for benefits under the workers comp system. However, you should be aware that you can only recover lost wages if you miss work because you are sick regardless of what your job is.
Seeing that it is not possible to get compensation for contracting a disease under the workers comp system, you can file a personal injury lawsuit against your employer.
What if Your Employer Did Not Enforce Safety Measures?
If you believe the working conditions at your job put you at risk of contracting a disease, you should inform your employer as soon as possible. You can even go ahead and file a complaint with the Occupational Safety and Health Administration (OSHA) at any time regarding your unsafe working conditions. You also have a right to refuse to work if:
- You have notified your employer of the hazardous conditions but they still fail to take action to rectify the situation
- You genuinely believe the working conditions pose a real danger to you
- A reasonable person can see that the situation is dangerous
- Due to the urgency of the situation, you cannot continue working as you wait for OSHA to inspect the place
If your employer decides to retaliate, you should notify OSHA immediately or within 30 days. If however, your employer refused to rectify or enforce safe working conditions and you contracted a disease, you have a right to file a personal injury lawsuit instead of a workers comp claim. A New Bedford workers compensation lawyer should be able to advise you on your next steps.
What if You are a Cruise Ship Worker?
Cruise ship workers are protected by the Jones Act and are allowed to file a personal injury lawsuit against their employer if they contracted a disease while at work. You will have to prove that your employer failed to take basic safety measures to ensure a safe work environment.
Getting Legal Help from a New Bedford Workers Compensation Lawyer
If you got infected by a disease at work, it’s important that you find out what your options are regarding compensation. If you also feel that you are at risk of getting ill due to dangerous working conditions and you do not know how to address the problem, you can speak to one of our New Bedford workers compensation lawyers to ensure your rights are protected. We offer free initial consultations and our communication lines are open 24/7. Contact us today at 508-999-0800 to schedule your free initial consultation.
