What to Do If You Are Asked to Perform a Job outside the Scope of Your Job Description. You Do the Job, and You Get Hurt.

If an employer asks you to fulfill a job outside your job scope and you get hurt as a result, your employer may be in serious trouble. On every job, a person has certain tasks they are required to perform on a daily basis. Generally, you are apprised of the job responsibilities while you are interviewing for a job. Granted, your job duties can change from time to time. Your supervisor may want you to take on added responsibilities or make tweaks to your job description. However, they cannot force you to perform jobs outside your scope if what they are asking is dangerous, unethical, or illegal.

If your supervisor makes you do something on the job outside the scope and you get injured, you should report it to the Equal Employment Opportunity Commission (EEOC). Depending on the nature of the injury, you should also report it to the Occupational, Safety, and Hazard Administration (OSHA). And by all means, find an attorney. Remember, you have rights. You will need an attorney who is well-versed in employment law to handle your case. They will help build a case against your employer and you may very well end up with a nice settlement.

Asking a person to do something out of their job scope can be very dangerous. This can often happen if you are doing some type of manual labor, such as working in a warehouse, driving a forklift, or something else that could result in an injury. If what your supervisor has you do breaks protocol and you get injured, that is a major no-no.

This type of activity goes on much more than people think. There are a number of businesses and corporations that require workers do things that could cause them great harm. Supervisors will ask them to perform tasks outside their job scope in order to save time and money. But these short-cuts could result in serious harm to the worker.

Employers are required to keep their employees safe while they work. Employees cannot work in dangerous conditions or be compelled to perform acts that could be harmful.

Many employees don’t understand their rights. They will sometimes do things against their will out of fear they will be fired. This is illegal. No employer can legally fire you for not doing something beyond you job scope that might be dangerous. This is even true in right to work states. Some employers will attempt to play that card when backed into a corner.

If you get hurt on the job while doing something unsafe, you should get to the hospital as quickly as possible, if needed. If you have a slip or fall or some other type of severe injury, you will need to seek medical help. You could have broken bones, internal bleeding, and even head or spinal injuries. Everything needs to be documented.

Once you speak with an attorney, they will get the ball rolling on your case. They will leave no stone unturned while getting to the bottom of the incident.

Other things many workers don’t think about is Whistleblower laws. If you feel that your employer is engaging in illegal behavior in terms of employee job duties, you have the right to report it. There are a number of people who get injured on the job each year while doing things that are illegal and unethical.

While Whistleblower laws vary from state to state, employers cannot retaliate against you if you report them. There are a number of attorneys who handle whistleblower cases. They will lower the boom on employers who abuse their workers.

If you are hurt on the job while performing a duty out of your scope, you do have the right to take your employer to court. You can sue for pain and suffering, loss of wages, and even punitive damages. Your attorney will see to it that you get a proper settlement. Additionally, the employer could possibly see even more setbacks – such as class actions suits.

Workers must use their own common sense as well. Don’t allow an employer to make you do something that you know is illegal, dangerous, or makes you feel uncomfortable. If you are fired under those conditions, you may still have grounds for a lawsuit.

If at all possible, make sure you have witnesses around who are willing to go to bat for you. If the tasks that cause you harm break OSHA laws, there will be a thorough investigation. Organizations like OSHA have very strict rules when it comes to workplace safety and hazards. You will have the opportunity to file a safety and health complaint.

It is imperative for workers to know that it is against the law to be retaliated against simply for filing a complaint. There are some employers who have felt very comfortable with breaking the rules. They have gotten away with it for so long, they believe they are above the law. If your injury is under an OSHA statute, you will have 30 to 90 days to file the paperwork.

So, if you are hurt on the job due to performing a task outside your job scope, find out your rights under the law. Allow an attorney to help preserve your rights. Your employer is the responsible party if you get injured on the job due to no fault of your own. They must pay for your loss of wages, pain and suffering, and punitive damages, if applicable.

An employment attorney can guide you through the process. They will keep you in the loop from start to finish. Most lawyers will call you in for a free consultation and only collect after winning your case. Remember, you have rights as an employee. No employer can compel you to do anything on your job that you view as dangerous, illegal, immoral, or unethical.

Time is of the essence. Speak with an attorney today. Allow them to fight for you and get you the fair compensation you deserve.

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