A problematic workplace has plagued an Australian McDonalds. Alleged rat infestation created workplace disharmony along with “… falling ceiling tiles, exposed wiring, and broken air conditioners that are subjecting workers to unnecessary risks.” News.com.au
This article will discuss how whether these workplace problems necessarily translate into workers’ compensation claim for work injury.
Do These McDonalds’ Facts Constitute a Work Injury?
With California Law, horrible work conditions do not automatically translate into work injury claims. Dangerous work conditions are a matter for the Department of Industrial Relations. In California, the Division of Occupational Safety and Health (DOSH), better known as Cal/OSHA, protects and improves the health and safety of working men and women and the safety of passengers riding on elevators, amusement rides, and tramways. This is achieved in a variety of ways including setting and enforcing standards, providing outreach, education, and assistance Issuing permits, licenses, certifications, registrations, and approvals. While there may not be any physical injuries, the conditions may warrant inspections and fines.
Could These Facts Lead to A Work Injury?
Yes. These facts could not only lead to work injuries, but they could also lead to a claim of Serious and Willful Misconduct. Ceiling tiles can fall and injure workers. Workers can trip and fall on exposed wires. Further,, employees can develop heat stroke while working in hot conditions. Finally, there is the possibility an employee could get an infection or disease as a result of the rodents. Finally, these conditions might be so horrible that the workers might suffer emotional stress to the extent that they develop a mental disorder. Any mental disorder claim should be supported by the opinion of a mental health practitioner.
What if I Need Advice?
If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.