Injuries as a Result of Being Forced to Work Overtime: How This Plays out in Legal Terms

Some employers occasionally expect employees to work overtime. However, working overtime should never coincide with being forced to work multiple double shifts in a row, or working nonstop for twenty-four hours straight. It has been proven to be very unhealthy and extremely dangerous for the human body to work without a period of rest and recuperation. In fact, many factory accidents and hospital accidents occur as the result of a lack of rest and sleep. If this has happened to you, you may be able to sue. Here is how this plays out. 

Filing a Report with OSHA

First and foremost, file a report with OSHA, the Occupational Safety and Health Administration. This is the government agency that investigates unsafe work conditions for employees and any violations of federal work regulations. Their report might bolster your case if you decide to hire a workers compensation attorney and sue your employer. 

File a Worker's Comp Claim with Your Employer Next

Make sure you file the report with OSHA and the worker's comp claim within a day or two of each other. Then you will get the results of both the report and the acceptance or denial of your worker's compensation claim at about the same time. If your comp claim is denied, you can take the findings of the OSHA report and the denial letter from the worker's comp to a lawyer. 

Hire a Lawyer to Pursue a Lawsuit and Provide Them with Your Denial Letter and OSHA Report

The lawyer will want to see your denial letter first, then hear about what happened to you and the conditions under which you were forced to work which ultimately caused your work accident. After taking notes and looking at why your comp claim was denied, the lawyer will want to follow up on the OSHA report. If you have the results and findings of that report, your lawyer can go over it and contact OSHA to confirm the findings. 

Pursue a Lawsuit Against Your Employer and the Worker's Compensation Insurance Company

Finally, pursue your lawsuit. Your employer should never have forced you to work several shifts in a row without time off to sleep and rest. That is illegal. You were injured as a result of a lack of sleep and being forced to work, and then your worker's comp claim was denied. Ergo, you can sue the worker's comp insurance company, too. 


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