If you or a family member have been bitten by bed bugs that originated from work, you may be able to sue your employer for bed bugs. Here is why you can sue your employer for bed bugs.
OSHA
The Occupational Safety and Health Administration is responsible for ensuring a safe environment for employees in the workplace; complaints about bed bugs would be filed with OSHA.
When Can I Sue My Employer For Bed Bugs?
If an employer is aware of a bed bug infestation and takes no action to resolve the infestation, they may be liable for any damages their employees sustain. If the employer also took no action to notify their employees, the employer would likely be more liable.
- As a result of the employer’s failure to act, an employee is bit by bedbugs and suffers some form of injury.
- As a result of the employer’s failure to act, an employee takes the bedbugs home and has to deal with an infestation on their own property.
- As a result of the employer’s failure to act, friends, and family also began to suffer from bed bugs. A third-party lawsuit could be brought against your employer.
- An employee is unfairly targeted as the source of the bedbug infestation, because of their racial or gender identity. In this case, an employment discrimination lawsuit can be brought against your employer.
- The employer retaliates against you for filing a complaint with OSHA. In this case, a retaliation lawsuit could be brought against your employer.
Related: What You Can Sue an Employer for in California
How to File a Successful Bed Bug Lawsuit
- Hire an attorney
- Provide the attorney with medical records of bed bug bites
- Provide the attorney with witness statements
- Provide the attorney with evidence of infestation at work
- Prove that it was your employer’s negligence that caused/worsened the bed bug infestation
- Provide evidence that the employer was aware of the bed bug infestation, but chose to do nothing about it
- Provide evidence of an official complaint filed with OHSA
Related: How to Sue Your Employer in California
Can I sue my employer if it was another employee that caused the bed bug infestation at work?
Yes, because the employer is responsible for their employees. If the employer was aware of this employee having bed bugs, a filed lawsuit is more likely to be ruled in the employee’s favor.
When can I not sue my employer for bed bugs?
If you got bed bugs from a place beside your workplace, you cannot sue your employer. Also, if your employer informed you that a portion of the workplace was infested and closed off that area, but you chose to go there despite the warning, the employer cannot be held liable.
Contact Us
If you or a loved one is seeking to sue your employer for bedbugs in California, get your free consultation with one of our California Employment Attorneys today!