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Injured Illinois workers and the general duty clause

Written by Ankin Law Office

Workplace injuries are tragically common in America. According to the U.S. Bureau of Labor Statistics, more than 900,000 employees had to miss at least one day of work in 2013 after becoming injured, ill or disabled on the job. Illinois companies are legally required to protect their workers from harmful situations and minimize the risk of a serious injury or workplace accident. One of the most powerful safeguards for injured workers is a law known as the general duty clause.

What is the general duty clause?

When companies employ workers of any kind, they must provide a healthy, safe workplace with a minimum of avoidable dangers. The Occupational Safety and Health Act of 1970 sets out this requirement in clear and unambiguous form in the general duty clause. This clause states that employers must control all recognized hazards that may cause death, injury, illness or physical harm. The general duty clause also underscores every employer’s obligation to comply with the standards of occupational safety and health promulgated by the Act and enforced by OSHA.

Do workers have responsibilities under the general duty clause?

Workers also have responsibilities under the general duty clause. They must cooperate with their employers in following OSHA standards in all areas of the workplace. They are required to report unsafe working conditions and violations of the Act. Whistle-blowers are legally protected from retaliation after reporting hazardous conditions on the job.

What are some examples of violations?

The general duty clause is applicable to a wide range of situations. The following recent cases are typical of the provisions set out by the Act:

  • Line workers at a poultry processing plant who were subjected to hazardous and ergonomically unsound working conditions
  • A group of workers in an Illinois manufacturing facility who were exposed to carcinogenic chemicals without sufficient protective gear
  • More than 100 warehouse employees at a facility in South Dakota who were required to work throughout the winter in an insufficiently heated space

In all of these cases, employees appealed successfully for workers’ compensation after suffering the effects of their unsafe working conditions.

Injured workers can appeal to the general duty clause

If workers are injured because of employer negligence or harmful working conditions, they can appeal to the general duty clause as they seek financial compensation for their medical expenses. Injured Illinois workers have the right to assistance if they have suffered harm on the job. Contact a workers’ compensation attorney today to find out more about the general duty clause and how it can protect you.

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