How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111654
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
10285032
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Requested water samples from OSHA the morning after being

Customer Question

requested water samples from OSHA the morning after being diagnosed with legionnaires disease after industrial accident. Employer submitted air quality report stating that water samples should be taken if an employee has been diagnosed with legionnaires disease to OSHA. They closed the investigation based on this report. they should have opened a level 1 investigation according to their technical manual. they were told of camera footage and coworker testimony that were more than willing to cooperate. OSHA failed me terribly can legal action be taken against osha if i can prove their negligence in this matter, Because, I sure can
Submitted: 9 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You cannot sue OSHA for this, but you can sue the employer. Before you do so, you can actually file a complaint and appeal with the OSHA director in DC and they can force the regional office to reopen the investigation. If they refuse to do so, then your claim would have to be against the employer, not OSHA as they are merely an investigatory/enforcement agency and they cannot be sued for not taking their discretionary enforcement action, even if they fail to follow their manual.
In most cases though, if you file an appeal and complaint to the main headquarters against the regional office, if you have the supporting documentation, the main office will order the investigation reopened.
Customer: replied 9 months ago.
I am told I can not sue my employer in mass. After that report they vigorously spoliated all pertinent evidence. Coworkers will verify the extent.
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
You can sue the employer for workers compensation and you can also sue if they are retaliating for you. You cannot sue the employer for a "tort" or "personal injury" claim. So if they are trying to hide or destroy evidence that this was caused by issues with their facility and deny workers compensation benefits you can indeed sue under workers compensation.
Most customers do not realize that the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Please be mindful of that. Thank you.