Legal Question in Employment Law in North Carolina

Hazardous work enviroment's

If my boss know's that asbestous tile is on the floor of a job and orders me to remove it wihtout telling me it is asbestous,also without any sort of protection and i find out during the course if doing it what it is,what course of action could i take.i know there could be helth problems related to this later on but i dont know if i can do anything to protect my intrest now....

Asked on 4/02/03, 10:38 am

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

Re: Hazardous work enviroment's

Here are a few thoughts: I tend to think the employer has some duty to you in that situation. This could constitute a violation of OSHA. You could inquire with them, and they might do an investigation. You may have a workers compensation claim; I wonder if the workers compensation insurance company would pay for some testing, if you want that. Workers compensation also might cover your medical expenses and provide for other recovery. Finally, you could conceivably have a civil action against the employer; The problem, however, is that as a general matter such a claim would be barred unless the employer's conduct was fairly egregious; based on what you have said, however, if the employer knew of the presence of asbestos, knew of the dangers associated with asbestos and asbestos-removal, and intentionally did not inform you of the risks, then you could have such a claim. You should of course seek medical attention if you feel you have been injured, and you should consult a lawyer.

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Answered on 4/02/03, 8:10 pm

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