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Occupational Safety and Health

When can workers bring civil actions?

Given the inadequacies of the workers’ compensation systems, it is no surprise that there have been attempts to get outside the exclusivity of this system.  Third party litigation – negligence law suits against manufacturers of equipment or chemicals – is generally allowed.  In addition, in about 12 states there has been some success in expanding the liability of employers in cases involving unsafe conditions which are substantially certain to lead to death or serious injury.