Wednesday, Jan 06, 2018


How Does An OSHA Violation Affect A Workers' Compensation Claim?

When an employee is injured on the job, they want the employer to accept financial responsibility. In these situations, the best course of action is to usually file a workers compensation claim against the employer. Even though in these instances the worker is not required to show the employer displayed negligence that led to the accident, doing so can have an impact on the employee's ability to receive adequate compensation. In addition to this, if an OSHA violation was found to be a contributing factor in the accident, it can have a major impact on having a successful claim. But to ensure all goes well, it's also best to work closely with an experienced workers compensation attorney.

OSHA Regulations

Designed to make sure employers provide safe work environments for their employees, OSHA regulations play a vital role in situations where a workers compensation claim is filed. In fact, employers are required to perform certain functions related to OSHA, such as:

--Have familiarity with all OSHA regulations

--Document all work-related injuries

--Provide adequate training to all employees

--Offer fall protection and personal protection equipment where applicable

If any of these steps are not done by an employer, large fines may be levied against them.

Pursuing a Personal Injury Claim

In some instances, an OSHA violation may allow an employee to pursue a personal injury claim against their employer, rather than settle for a workers compensation claim. However, there are many factors that help determine this, all of which can vary depending upon the court that hears the case. While some courts have concluded that injured employees may not pursue personal injury claims against their employer no matter how many OSHA violations were evident at the time, other jurisdictions say that these violations may be considered in determining when the ban against filing personal injury claims against the employer may be lifted. However, even if a court determines an employee is barred from pursuing a personal injury claim against their employer, the OSHA violation can still be used as evidence if a third-party cause of action is pursued. But due to the complexities that come with these types of claims, it's crucial to speak with an experienced and knowledgeable workers compensation attorney, who can provide legal guidance and advice regarding these matters.

Consult an Attorney

If you are a worker who has been injured due to an employer ignoring OSHA regulations, it will be to your benefit to consult an workers’ compensation attorney who understands the complex legal rules that accompany these cases. This is extremely important, since a personal injury claim may compensate a victim for medical bills, lost wages, and pain and suffering, while a workers' comp claim will cover medical expenses and lost wages for a specified period of time, but will not grant compensation for pain and suffering. Therefore, it's vital you speak with an attorney as soon as possible. By doing so, you'll know the best course of action to take in order to be compensated for your injuries. schedule a FREE consultation with workers’ compensation attorneys at the Law Offices of Kenneth A. Wilhelm.