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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27881
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I am off work due to a broken finger that happen on the job.

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I am off work due to a broken finger that happen on the job. I have seen drug and alcohol abuse at work and it has been brought to the main supervisers att but have not seen eny action no radom drug test or screening and it is in our had book. So seems like they are just pushing it to the side. Also another guy after I had been off for tree weeks with my broken finger, He got ran into by a moving crane and got pined between it and a forklift and now has fracturs all over his pelvis. No ambulence was called and they had one of the other workers (not a supervisore) take him to the hospital 30 miles away. It worrys me to go back to work in about two weeks I should be( done with my injury and able to return) but fear for my safty sence it seems that the company dose not care.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,

I'm sorry to hear of the situation.

One thing that I can suggest is that you notify Cal-OSHA about the safety violations of the company.

I understand that you may be concerned about the manner in which your employer handles injuries on the job. However, if you are every seriously injures, you have a legal right to call for an ambulance, or demand that one be called.

If you are considering quitting, you need to know that while you can do so, as a general rule, people who resign become ineligible for benefits. HOWEVER, based on your allegations of rampant drug and alcohol abuse at the job site, coupled with the inaction of the employer and their failure to follow their own policy manual as regards XXXXX XXXXX may well have a valid claim for unemployment insurance benefits if you do quit.

Justification in quitting your job which might be persuasive to an Unemployment Insurance Appeals panel would include:

  1. Sexual or other harassment
  2. Needing to move with a spouse or dependent child to another place of residence
  3. Discrimination (Ethnicity, Color, Religion, National Origin, Age, Sex and Disability)
  4. Working conditions that endanger your health or safety
  5. Major changes in the terms and conditions of your job affecting wages or salary
  6. Excessive overtime or an employer’s refusal to pay for overtime work
  7. Major changes in work duties
  8. Difficult relations with a supervisor, for which you are not primarily responsible
  9. Your employer is doing things which break the law
  10. Pressure from your employer or fellow workers to quit your job
If you truly fear for you life based on all the drug/alcohol abuse on the job, and the failure of the employer to care for the employees, then your best bet is to quit the job. No job is worth dying over. And, you have no control over what help you will get if you are injured and unable to call for an ambulance yourself. No CA law allows you to dictate what must happen in the event of an injury to you.

Again, the complaint to Cal-OSHA might be the thing that is really needed, if you are not prepared to quit and seek unemployment benefits while you find a better employer to work for.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug
LawTalk, Attorney
Satisfied Customers: 27881
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you

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