Should I sue for ahazardous work environment?

UPDATED: Jul 16, 2010

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Should I sue for ahazardous work environment?

I work on a rock crushing crew driving a Lime truck. I’m concerned about my exposure to silica from the rock dust. Our company is monitored by MSHA periodically, and when they come to do air quality test for the silica my supervisor always has me switch trucks to a truck that will allow me to pass the air quality test and the truck to pass safety inspection. It’s extremely hot and dusty in the truck that I normally drive (no A/C) and wearing a cheap mask seems intolerable for 10 hours. Should I speak with an employment attorney about this? I’m in Clarke County, IA.

Asked on July 16, 2010 under Employment Labor Law, Iowa


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Consulting with an attorney as to whether or not you have the elements to support a cause of action that is permitted under your state (or Federal for that matter) law is a good idea. In order to bring a lawsuit you must have damages as well.  The reason that I say that this may be a Federal Issue is that it seems to be covered by OSHA, the Federal Occupational Safety and Health Administration.  The immediate issue is to make sure that you are safe going to work every day. Take as many precautions as you can on your own to protect your lungs and your general health.  Go and get checked out.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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