Yes, you can sue for an Occupational Safety and Health Administration (OSHA) violation if it caused you to suffer an injury. However, making out a case will depend on factors beyond the violation of an OSHA regulation Whether you can sue will depend on the facts of the case such as: When the accident occurred; Where the accident occurred; What you were doing at the time that the accident occurred. For example, New York bars workers from suing their employers after an accident that happened while the employee was in the course of employment. (Meaning not just employed but actually “on the clock” when the accident happened.)
The best way to learn if you have a viable lawsuit based on your injuries is to speak with a personal injury attorney in New York. Most provide complimentary case reviews and can determine if you have a claim for compensation. Many also work based on contingency, so your family will not pay any upfront fees for representation.
In This Article
- As a New Yorker, OSHA Protects You in the Workplace
- Your Rights Under OSHA
- Remedies That Might Accompany a Reported OSHA Violation
- Steps to Take If You Are Injured at Work
- Friedman & Simon, L.L.P., OSHA Violations Lawyers Can File Your Lawsuit
As a New Yorker, OSHA Protects You in the Workplace
OSHA regulations exist for the sole purpose of decreasing the risks of injuries in the workplace. OSHA is a regulatory agency created to improve worker safety by establishing workplace rules. Initially, in the early 1970s, when OSHA came into existence, it could visit workplaces and inspect them to ensure they followed all applicable regulations.
Today, these visits are not common practice. However, OSHA still regulates safety practices in a wide range of workplaces. Some of the types of accidents and injuries that OSHA aims to prevent include:
- Electrocution/electric shock: Employers must provide proper training, functional equipment, and appropriate gear for employees working near live wires or electrical sources.
- Falling objects: In relevant work environments, workers must wear protective gear, such as steel-toed boots and helmets.
- Falls: Safety nets, safety rails, or some type of fall arrest system must be in place when a work situation creates the risk of falling at least six feet.
- Toxic exposure: Employers are responsible for informing employees of the hazards and the identities of workplace chemicals to which they are exposed.
- Caught-in-between: The presence of heavy equipment requires that workers receive training and that owners maintain equipment.
Numerous regulations could apply to your industry, depending on the work you do and the dangers of your job. Therefore, your supervisor, employer, or human resources personnel should be well-versed in safety rules for your industry.
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Your Rights Under OSHA
As an employee, you have the right to work in an environment that is sanitary, safe, and non-toxic. Should you suffer an injury due to failure to adhere to OSHA’s requirements to provide such a workplace, the negligent party could be liable for your injuries. A negligent or otherwise legally liable party, in this case, could include a property owner, general contractor, or another third party.
While you usually only have the option of filing for workers’ compensation if you sustain injuries because of your employer or a co-worker, many times, the injury occurs because of a third party’s actions. For example, the property owner or general site contractor might cause an accident on construction sites.
A New York construction accident lawyer will apply OSHA law to your workplace injury case and explain your options for building a case for compensation. If they represent you, they will fight to win maximum compensation for you based on the facts of your case and the injuries you suffered.
Remedies That Might Accompany a Reported OSHA Violation
Filing a claim based on an OSHA violation usually includes reporting the violation to the agency. In some cases, you might want to report a safety hazard to OSHA regardless of the severity of your injuries.
When a worker reports an OSHA safety violation, any of several remedies might come into play:
- OSHA could investigate the violating organization
- OSHA could mandate changes in company safety practices
- The negligent party could lose its operating license
Your report could prevent other workers from suffering the same accident and injuries you did. In addition, it could help keep you safe if you return to work on the same property or with the same company.
Steps to Take If You Are Injured at Work
By taking specific steps after suffering an on-the-job injury, you not only help yourself and support your claim for compensation, but you also reduce the chance of another person suffering the same type of injury. The steps you should take include:
- Immediately report the hazard to your employer, usually a supervisor or human resources professional.
- Seek the appropriate medical care and treatment as soon as possible, which workers’ compensation benefits should cover.
- Contact our law firm for a free case review and consultation with a lawyer experienced in accident injury cases involving OSHA violations.
- If the party that violated OSHA regulations does not resolve the hazardous condition, file a complaint with OSHA.
- If you perceive an imminent threat to either your own life or the lives of other employees, contact OSHA via their emergency line at 1-800-321-6742.
You could have several options for recovering compensation that pays your medical bills and covers lost income following an OSHA violation-related injury at work:
- Filing a workers’ compensation claim
- Filing an insurance claim or lawsuit against a third party
- Recovering compensation through workers’ comp and the legal system
While you cannot always sue following an OSHA violation, our attorneys can determine your rights and the best options for appropriate financial recovery based on the facts of your case. We will assess how our team can serve you and be honest with you if we do not believe you have a legal case.
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Friedman & Simon, L.L.P., OSHA Violations Lawyers Can File Your Lawsuit
It can be scary to file an OSHA violation claim or lawsuit against a property owner or other third party. If you have been injured due to negligence and a violation of OSHA regulations, we believe that your sense of duty to yourself and your coworkers may help you overcome any reluctance to take legal action. You are welcome to reach out to us for a confidential, compassionate, patient discussion of what happened, what your concerns are, and your options going forward.
The OSHA violations lawyers at Friedman & Simon, L.L.P. will stand by your side, guide you, and advocate for you, just as we have done for personal injury clients since 1991. Our multilingual staff (Spanish, Greek, Tamil, Bengali, and Kannada) will assist you, and our legal team will represent you in your decision to sue when OSHA violations have led to you being injured. We are your passionate advocates.
Call us today for a free case review, as the statute of limitations provides a limited amount of time to take legal action.