If you can prove a third party on your worksite committed a willful violation of Occupational Safety and Health Administration (OSHA) requirements, you may have an OSHA violation claim. However, your injuries must have been a direct result of the violation. Call Friedman & Simon, L.L.P. at 516-932-0400 to learn more.
Understanding Willful Violation
Consider a scenario where an OSHA inspector comes to your workplace and alerts the property owner of a danger on the property. The property owner fails to remedy the hazard and you suffer injuries.
They are guilty of a willful violation, and they can be held liable for injuries resulting from their negligence.
For a free legal consultation, call 516-932-0400
Taking Legal Action for a Willful Violation
Like any personal injury action, you will need to prove negligence to receive compensation for your injury. The fact that the party in question failed to address the hazard addressed in an OSHA citation will help your case, but this evidence alone will not result in your recovery of damages.
You must also establish that this wanton disregard for safety was the cause of your injuries.
Your OSHA Violation Claim Lawyer Can Collect Evidence to Refute the Defense
Expect the other party to have a team of lawyers at the ready. It may not seem to be a fair fight, but with the right evidence, your lawyer can counter any argument the other party tries to present to clear themselves of liability.
To build such a solid case, your personal injury lawyer will gather the following types of evidence:
- The other party’s safety records
- The other party’s sworn testimony
- Witness’ and coworkers’ depositions
- OSHA records of any safety violations
- Visual documentation (such as photos or video footage,) of the dangerous condition that led to your accident
Recoverable Damages in an OSHA Violation Lawsuit
If you were to restrict your recovery of damages to whatever workers’ compensation insurance pays out, you could receive compensation for your medical bills, vocational rehabilitation, and a portion of your lost wages. Workers’ compensation does not cover pain and suffering, or other non-economic damages.
However, by pursuing a claim based on willful OSHA violation, arguing that the negligence of causing or permitting these violations to exist resulted in physical injury to you, you open yourself up to recovering other types of damages, including the following:
- Medical expenses
- Lost wages and benefits
- Loss of future income
- Loss of consortium
- Replacement services
- Pain and suffering
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A Personal Injury Lawyer Can Help You With your OSHA Violation Lawsuit
Friedman & Simon, L.L.P. has stood by as passionate advocates for the insured since 1991. Our legal team will walk you through the complexities of OSHA citations, willful violations, workers’ compensation, and how all these variables come together to help you receive compensation for the injuries you have sustained at work.
Our multilingual staff (Kannada, Bengali, Tamil, Greek, and Spanish) is eager to assist you in this quest for justice. Our legal team will work tirelessly to keep you updated, identify liable parties, communicate with all parties, gather evidence, and determine a value for your case.