OSHA Violation Attorneys in New Jersey
Workplace Safety Is Your Right. Serving Clients in NJ & Philadelphia.
Workers have the right to a safe workplace. The Occupational Safety and Health Act of 1970 (OSHA Act), administered by the Occupational Health and Safety Administration (OSHA), was passed to prevent workers from being killed or seriously harmed at work. The law requires employers to provide their employees with working conditions that are free of known dangers. The OSHA Act created the Occupational Safety and Health Administration, which sets and enforces protective workplace safety and health standards.
To learn more about your rights, discuss your case with out lawyers at The Law Firm of Morgan Rooks, P.C. Contact us today.
OSHA’s Whistleblower Protection Program
OSHA’s Whistleblower Protection Program enforces the whistleblower provisions of more than 20 whistleblower statutes protecting employees who report violations of workplace safety in various industries: Airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, and securities laws. Rights afforded by these whistleblower acts include, but are not limited to, worker participation in safety and health activities, reporting a work-related injury, illness, or fatality, or reporting a violation of the statutes.
Discrimination and retaliation may include:
- Firing or laying off
- Denying overtime or promotion
- Denial of benefits
- Failure to hire or rehire
- Making threats
- Reassignment affecting prospects for promotion
- Reducing pay or hours
Our firm also represents whistleblowers and victims of discrimination and retaliation in the financial industry involving claims under the Sarbanes-Oxley Act of 2002 (SOX), the Dodd-Frank Consumer Protection Act (“Dodd-Fran), and before the Securities and Exchange Commission (SEC).
OSHA & the Healthcare Industry
Although not limited to the healthcare world, in early 2014, OSHA began to focus more specifically on the healthcare industry and launched a web page dedicated to informing hospital workers of various forms of safety issues that may be encountered while performing their jobs at hospitals. According to OSHA, hospitals can be one of the most dangerous places to work, between work-related injuries and illnesses. According to the United States Department of Labor’s initiative, the purpose of the web page is to “help hospitals prevent worker injuries, assess workplace safety needs, enhance safe patient handling programs, and implement safety and health management systems.”
There will be some overlap between the Patient Protection and Affordable Care Act (ACA) and the False Claims Act (FCA) due to one of OSHA’s priorities on a Safe Patient Handling Program. Wrongful termination claims may ensue. Under the FCA, fraud against the government can be pursued by private individuals that have, among other things, intimate knowledge of a company’s fraud and are the first to file the action. Such individuals are referred to as “whistleblowers” and the actions themselves are called False Claims Act cases or Qui Tam actions. Simply put, there are violations of the fraud and abuse provisions in the ACA that trigger a cause of action under the False Claims Act, which translates into many opportunities to expose fraud. Some examples are: Failing to provide quality care to patients, failing to meet the expected standard of care, and failure to maintain adequate compliance programs. Depending on the extent to which a whistleblower is aware of any fraud, they may be able to recover a substantial monetary award.
Act Now to File Your OSHA Violation Claim
Please keep in mind that the amount of time that you may have to bring a claim (i.e., statute of limitations) with an OSHA claim is short. OSHA protects workers who complain to their employer, to OSHA or to other government agencies about unsafe or unhealthful working conditions in the workplace or environmental problems. If you have been retaliated against for making an OSHA complaint, you have only 30 days to file a complaint.
The attorneys at The Law Firm of Morgan Rooks, P.C. are knowledgeable and experienced in handling OSHA whistleblower claims, as well as OSHA retaliation claims and wrongful termination claims. We work with clients throughout Gloucester County, Camden County, Burlington County, Cumberland County, Salem County, Mercer County, Ocean County, and Atlantic County in New Jersey; and Philadelphia County and Delaware County in Pennsylvania.
Please call us today at (856) 746-6332 for a free confidential case evaluation.
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