Los Angeles, CA asked in Employment Law and Workers' Compensation for California

Q: Last employer failed to comply with OSHA laws. I am now suffering from migrating metal in body after MRI. Case?

Last employer failed to comply with osha guidelines in many areas. By not having protective shields on grinders I am now experiencing painful side effects from having an MRI done almost a year after being released from duties. Metal shavings are migrating in my skin and face. When multiple employees asked for the shields “we were told to man up.” And, this is the oil fields not Bed Bath and Beyond.” So, myself and other employees did what we had to keep our jobs and our paychecks coming in.

2 Lawyer Answers
Alex Sliheet
Alex Sliheet
Answered

A: So the MRI was for something else.

What did the doctor say regarding the migration of metal

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: Although workers' compensation is not included in your categories, you may want to consider reaching out to a California WC attorney without further delay, as you state that almost a year has elapsed, and what you describe appears to have a connection to the course of employment. Also consider reposting and including Workers' Comp as a category for better chances of obtaining meaningful input from one of the California attorneys here knowledgeable in that area of law. You describe oil field work, which you correctly describe as a difficult work setting - you may want to reach out to a California maritime attorney who practices LHWCA law (Longshore Harbor Workers' Compensation Act, for which there is not separate section here), or even possibly Jones Act law, depending on the nature of your platform or vessel (the distinction makes a difference under maritime law. An attorney could explain more about that to you. Good luck

Tim Akpinar

Maurice Mandel II agrees with this answer

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