As an employee in Illinois, you have the right to a safe work environment under the Occupational Safety and Health Act of 1970 (OSHA). This includes protection from hazards that could cause serious harm or death, such as exposure to COVID-19.
If your employer fails to provide a safe work environment in the midst of the pandemic, you may have a legal basis to file a complaint with OSHA. OSHA provides protections to employees who report workplace safety concerns, and it is illegal for an employer to retaliate against an employee for reporting safety violations.
In addition, some employees may be protected by the Families First Coronavirus Response Act (FFCRA), which provides paid sick leave and expanded family and medical leave for specific reasons related to COVID-19. If your employer fails to comply with FFCRA, you may file a complaint with the Wage and Hour Division of the Department of Labor.
If you believe you have been retaliated against for reporting safety concerns or for taking leave under FFCRA, you may have additional legal protections under state and federal law. You may wish to consult with an attorney to determine your options for pursuing legal action.
To protect your rights as an employee, you should document any safety concerns you have and any attempts you have made to address them with your employer. You should also keep a record of any symptoms you experience related to COVID-19, as this information may become relevant if you need to file a workers' compensation claim.
If you have concerns about your employer failing to provide a safe work environment during the pandemic, you should talk to your employer or human resources department to try to resolve the issue. If your concerns are not addressed, you may wish to file a complaint with OSHA or consult with an attorney to discuss your options for pursuing legal action.
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