Weil, Gotshal & Manges LLP

Workers injured on the job have the right to medical treatment covered by workers' compensation, wage replacement benefits during recovery, and protection against retaliation for reporting the injury. You have the right to file a complaint with OSHA if you believe your workplace is unsafe, and OSHA cannot reveal your identity to your employer without your consent. You also have the right to see your OSHA 300 injury log. If your employer denies a workers' comp claim, you can appeal through your state's workers' compensation board. An occupational health attorney can advise on complex cases involving denied claims or third-party liability.

After an employer reports a severe injury, OSHA decides whether to conduct an on-site inspection. Fatalities and amputations typically trigger automatic inspections. For hospitalizations and eye loss events, OSHA may conduct a phone/fax investigation or an on-site inspection based on the circumstances. During an inspection, OSHA compliance officers assess the accident scene, interview witnesses, review safety records, and identify violations. Citations and penalties may be issued. OSHA also works with the employer to abate hazardous conditions. All inspection results are published in OSHA's public inspection database at osha.gov.

You can file an OSHA complaint online at osha.gov/workers/file-complaint, by calling 1-800-321-OSHA (1-800-321-6742), or by visiting your local OSHA area office. Complaints can be filed anonymously. OSHA prioritizes formal written complaints from workers. If you believe an imminent danger exists, call OSHA immediately, they are required to investigate immediately when there is reasonable grounds to believe imminent danger exists. Workers are protected from retaliation for filing complaints under Section 11(c) of the OSH Act; if you experience retaliation, file a separate complaint within 30 days of the adverse action.