Do I have any legal recourse regarding an injury that I believe was caused by forcing extreme labor on my work assignments?
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Do I have any legal recourse regarding an injury that I believe was caused by forcing extreme labor on my work assignments?
I have been employed as a facility manager in Oregon for a large North America company for the last 5 years. Last year upper level management forced a labor cost reduction on my facility by firing key personnel required to support our processing team and platform. These key positions require continuous heavy physical endurance during the coarse of every work day. It is my opinion that this action was imposed to force local managers into fulfilling the additional 2 daily labor positions, including the original hire manager job description and requirements while compensating only one person manager. This excessive work load has forced an over exertion of physical limitations resulting in an injury last year and yet unresolved worker comp claim. I also understand that my injury is likely to be life altering disability.
Asked on March 21, 2018 under Employment Labor Law, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You may be entitled to Worker's Compensation if you can show that it was an injury caused by or incurred at work. You would not be able to sue the employer, however: even if the work was excessively hard, you *chose* to do it. You could have quit, resigned, found another job, etc. Having chosen to do hard labor, you are responsible for the consequences thereof: other people or your employer are not responsible for your voluntarily actions (e.g. under theories of "assumption of the risk" or "contributory negligence"). Remember: employment in the U.S. is "employment at will": not only can your employer terminate you, but you can quit at any time from a job you don't like or feel is not good for you.
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