If you or a loved one was harmed in a workplace accident and has reason to believe an OSHA violation may have contributed to the accident, then you may be looking for information on how to sue a company for OSHA violations. Generally speaking, employees cannot file a direct legal action alleging Occupational Safety and Health Administration (OSHA) violations.
Rather, employees should report an employer to OSHA if they discover or reasonably suspect a violation to have occurred. Once a report is filed, OSHA will likely conduct an investigation. If the agency determines your employer did, in fact, commit an OSHA violation, sanctions and other penalties may be imposed.
In many instances, OSHA can fine companies that fail to adhere to their regulations. OSHA may also mandate that the company correct the violation or violations. If the violations are not corrected promptly, the company could be subject to further penalties.
If you have questions about your legal rights and potential remedies, consider contacting an experienced workplace accident lawyer to discuss your options. You may also want to retain the services of the right lawyer to assist with filing a workers’ compensation claim.
For a free consultation and so much more, act now and call Schwartzapfel Lawyers at 516-342-2200 today! Alternatively, please continue reading.
What Is OSHA’s Purpose?
For context, OSHA is a component of the United States Department of Labor (DOL). The objective and purpose of OSHA is to protect workers’ rights to ensure safe work environments. The agency promulgates rules and directives that employers are legally obligated to follow so their workers and employees are safe when they engage in work activities.
For example, OSHA sets forth standards for industries that work with dangerous substances (e.g., requiring the availability and use of protective gear). If an employer fails to adhere to OSHA standards, the risks are heightened.
Examples of some of the safety codes OSHA has issued include but aren’t limited to:
- Mandatory use of personal protective equipment.
- Machine guarding regulations.
- Clear communications of potential safety hazards to employees.
- Clear communications of workplace safety requirements to employees.
- Appropriate fall protection.
- Appropriate respiratory protection.
- Safe set-up of ladders.
- Safe set-up of scaffolding.
- Procedures for lockouts and tag outs.
These standards are intended to help prevent serious accidents at work sites, such as construction zones, or while in the performance of job-related duties. OSHA regulations can help increase awareness of accidents that lead to death on worksites, provide training on what conditions worksites should have, and how employees can help enforce rules while engaging in workplace activities.
Businesses that fail to adhere to OSHA standards and rules put their workers at a higher risk of serious injury in an accident.
What To Do If An OSHA Violation Caused A Serious Injury
The issue of how to sue a company for OSHA violations often arises when a worker suffers a significant injury in a workplace accident. Unfortunately, in many instances, workers cannot file a lawsuit, even if they suffer a significant injury due to their employer’s actions or inactions.
Rather, if you suffer an injury in a workplace accident, you likely have grounds to file a workers’ compensation claim. You can file this claim if you suffer an injury on the job, including at a construction site. Workers’ compensation claims do not require establishing liability, which basically means you do not have to prove that your employer was negligent in order to obtain financial compensation.
A successful workers’ comp claim enables you to cover current and future medical expenses, as well as a percentage of the income you’ve lost as a result of your injury.
To learn more about the workers’ compensation claims process in New York State, speak with a member of the award-winning team at Schwartzapfel Lawyers by dialing 516-342-2200 today. Or, if you’d rather, you can schedule your free case evaluation online at your earliest convenience. In any event, it will be our honor and privilege to assist you however we can, as best we can, no matter your situation.
What To Know About Taking Legal Action Against A Third Party
Even though employees are generally unable to sue an employer for OSHA violations, in specific circumstances, you may be able to take legal action against a third party who committed an OSHA violation that led to an accident and injury.
For example, depending on the specific facts and circumstances of the situation, you may be able to take legal action against:
- The owner of the property that is under construction (in the context of a construction site accident);
- Contractors; and/or
- Manufacturers of defective products that caused an accident.
Please be advised that if you decide to file a third-party action, you may need to compile sufficient evidence that could establish liability for the third party. While filing an OSHA complaint is not the same as filing a lawsuit, having documented proof that the third party violated government regulations can help strengthen your civil claim.
This is why it makes sense to proactively report any OSHA violations as soon as you notice them, even if you have yet to decide about filing a separate legal action.
In addition to reporting an OSHA violation or violations, it may make sense to contact an experienced workplace accident attorney to discuss your legal options, such as a third-party claim. You may also want to retain the services of a skilled attorney to assist with filing a workers’ compensation claim.
For your free consultation and instant peace of mind, don’t wait — call Schwartzapfel Lawyers at 516-342-2200 today!
What Are Recoverable Damages In A Third-Party Lawsuit?
If you decide to move forward with filing a personal injury claim against a third party, you may be able to recover financially for the following harms and losses:
- Healthcare expenses (both immediate and long-term expenses);
- Lost wages (including diminished earning potential); and
- Pain and suffering.
The amount of financial restitution you can receive can depend on multiple factors, including the severity of your injuries.
What Steps Should You Take If You Are Injured On The Job?
In addition to potentially reporting an OSHA violation, there are specific steps you should consider taking in the event you suffer an injury from a workplace accident. These can help you by not only supporting your compensation claim but also by reducing the risk of another worker suffering the same, or similar, type of injury.
To this end, suggested steps to take generally include:
- Reporting the workplace safety hazard to your employer, usually a supervisor or human resources professional.
- Visiting your doctor or going to the emergency room for qualified medical care right away.
- If the party that violated OSHA regulations does not remedy the unsafe condition, you may consider filing a complaint directly with OSHA.
- Speaking with an experienced attorney about your legal options.
Following a workplace accident, multiple pathways exist for recovering compensation to help pay your medical bills and cover lost income, including:
- Filing a workers’ compensation claim.
- Filing an insurance claim or lawsuit against a third party.
- Recovering financial restitution, both through a workers’ comp claim and a separate claim.
Your financial future is too important to leave to chance. Protect it today by taking action and calling Schwartzapfel Lawyers at 516-342-2200 now!
How To Choose The Right Workplace Accident Attorney
When deciding whether to file a workers’ compensation or related claim in New York State, consulting with an experienced workplace accident attorney is a must. That said, if you’re tempted to hire the first attorney near you, please take a moment to assess your situation. Do not rush into selecting an attorney.
Why? Because the wrong attorney may not fully represent your interests and may cost you dearly as a result.
So, please, take the time to properly vet different workplace accident attorneys. Once you find the best workplace accident attorney for your particular case, it can help maximize your chances of success.
To assist, here are some important questions you can ask potential workplace accident attorneys during the interview phase:
- How long have you been practicing this kind of law?
- What’s your track record like with handling workplace accidents and workers’ compensation cases?
- What is the typical settlement range for a workplace accident case?
Please note that if an attorney promises or guarantees a certain settlement amount or outcome, you should not hire them. This is because it is virtually impossible for even the most skilled workplace accident attorneys to predict the exact outcome of any case.
Contact Schwartzapfel Lawyers Now!
If you or a loved one is looking for personalized guidance and award-winning help with your OSHA lawsuit, only go with the best. Only go with a firm that will fight for you every step of the way, both in and out of court.
You shouldn’t go through the stress and frustration of a lawsuit or filing an OSHA claim alone, not when you don’t have to. Instead, rely on experienced and knowledgeable attorneys who will make sure that the right paperwork is filed properly and on time so that you can focus on what’s most important: your health and well-being.
That’s where Schwartzapfel Lawyers comes in. With our resources and dedication to your success, you’ll be able to maximize your payout and reduce the financial stress on yourself and your loved ones.
For a free case evaluation and so much more, please contact us online or at 516-342-2200 without delay. Also, you should know that at Schwartzapfel Lawyers, we treat our clients like family — because they’re just that, and family is worth fighting for.
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 1-516-342-2200 now!
Sources:
Schwartzapfel Lawyers, P.C. | Fighting For You
File a Complaint | Occupational Safety and Health Administration
