Serious job accidents and fatalities were extremely common not too long ago. Inadequate workplace safety measures taken by employers frequently lead to serious injuries or even fatalities for their employees. This was especially true in contexts like factories, workplaces, and industries.
The Occupational Safety and Health Act of 1970, or OSHA, intended to address this issue by establishing fundamental requirements that businesses must adhere to in order to safeguard employees and limit the number of these injuries and fatalities as much as possible. Read on to learn how OSHA standards protect people and how an employment law attorney can help you if the necessary protections were not in place and you were injured. Contact PLBH at (800) 435-7542 for help today.
Most American workers are protected by OSHA guidelines
The majority of American workers are protected by OSHA, which mandates that businesses adhere to certain safety standards while handling hazardous chemicals, working off the ground, digging trenches, and other activities. Each industry has rules that must be followed, including those that require posting signs and other safety precautions as well as the use of protective gear.
The law also mandates that companies maintain a safe and risk-free working environment. This is referred to as the “general duty clause,” which functions as a form of umbrella clause. An employer may be found in violation of OSHA for failing to keep the workplace safe even if they do not transgress a specific standard under the Act.
You have options if your employer does not follow OSHA guidelines and you are injured
An employee and/or his survivors may file a lawsuit against the company outside of the workers’ compensation system if a company has been found to violate OSHA. Except in situations where an employer has participated in substantial and willful misconduct, workers’ compensation is typically the only available remedy for illnesses and injuries sustained at work. This threshold necessitates a very high degree of wrongdoing on the part of the employer, above and beyond simple carelessness.
In some circumstances, an employee might be allowed to pursue compensation outside the scope of workers’ compensation. An OSHA violation might occur, for instance, if a person was required to operate on scaffolding without a harness or other safety equipment. If the worker fell and was gravely hurt or died as a result, the worker or his survivors could potentially pursue a case against the corporation.
Because harnesses and other fall protection may have been required by law for an employee working at that height or doing that duty, a court could conclude that the employer’s omission to provide safety equipment constituted grave and deliberate misconduct. The wounded worker may then pursue legal action, which would certainly result in a significantly bigger recovery than he might be able to receive under the workers’ compensation system.
An employment law attorney can help you determine if you have grounds for a case
In order to decide if an employer’s OSHA violation qualifies as substantial and willful misconduct that would permit you to file a lawsuit instead of a claim through workers’ compensation, a knowledgeable workers’ compensation lawyer can examine your case.
Our lawyers at PLBH have a great deal of expertise resolving workers’ compensation claims, including ones that can be denied because of serious or willful misconduct. We will vigorously research your case to see whether there are any reasons to file a lawsuit rather than a workers’ compensation claim, and we will fight for you at every turn. To arrange a consultation, get in touch with our office right away at (800) 435-7542 or info@plblaw.com.