Guidance From Lawyers Who Care

Avoid a workers’ compensation claim with a work stoppage

On Behalf of | Aug 9, 2022 | Workers' Compensation, Workplace Injuries

No worker wants to be injured on the job. While workers’ compensation does kick in immediately after a workplace injury, it will not pay 100% of your wages and the worker is left unable to work and provide. It is a place that no one wants to be. This is likely why one of the ways that OSHA protects Jackson County employees is with the ability to avoid a workplace injury through a work stoppage.

Work stoppage?

Yes, broadly, Clay County employees have the right to stop working if the workplace conditions are immediately unsafe or unhealthy. This means that no employer can force their employee to work in an immediately unsafe or unhealthy worksite.

Immediately unsafe or unhealthy

To qualify, the Platte County hazardous working condition must be so severe that it presents a clear danger that is so unsafe or unhealthy that a worker risks life and limb, should they work in that area. This must be a reasonable and good faith belief, and it must be such a danger that OSHA would not have time to inspect the dangerous condition.

How do we initiate the work stoppage?

If your Ray County office or worksite has such an immediate unsafe or unhealthy condition, alert your supervisor and manager and document the condition (photographs, witnesses, etc.). Let management know how unsafe it is, and preferably, follow up these verbal notices with an email. Ask to work at an alternative Cass County location or different duties away from the dangerous condition.

If they refuse to allow for alternative work or worksite, you and your co-workers can initiate a work stoppage. You do not have to put your life at risk for your job. Stay onsite, continue to document the situation and do not forget to alert OSHA and your local labor board or workforce commission. Of course, if you and your Lafayette County co-workers are asked to leave by management, leave. Do not forget to let OSHA and your labor board or workforce commission know about the retaliation.

Workers’ compensation

Of course, not every Kansas City, Missouri, dangerous condition rises to this level, and you could be injured, even in a safe environment. After all, falls happen. This is when workers’ compensation will kick in, but unfortunately, employers are not always quick with referrals or even giving you the information you need to make a claim. This is when hiring a workers’ compensation attorney may make sense.