Although there are sometimes specific sets of standards for certain industries, the Occupational Safety and Health Administration (OSHA) does have general rules that all employers must follow.
Regulatory bodies implement requirements for sanitation, material storage, equipment maintenance, air and water quality control, employee training, and many other areas. These are determined through years of research and adaptations to changing work environments, all designed to keep pace with emerging hazards.
In addition to establishing rules, OSHA and state agencies, such as the Texas Occupational Safety and Health Consultation Program (OSHCON), investigate violations and enforce penalties against employers.
Safety Violations May Strengthen Your Work Injury Case
Generally, you can file a claim for employer-provided insurance benefits after you’re hurt on the job. You’ll do this instead of filing a lawsuit against them and having to establish that they are at fault.
Yet, that can change when it appears your employer violated workplace safety standards, potentially giving you grounds for more aggressive legal action. In many instances, settlements may be higher when the defendant is found in violation of OSHA standards.
It is the job of your work accident attorney to search for evidence showing that your employer intentionally broke the law or ignored safety protocols, and that those actions directly caused your injury or illness. This can be very challenging.
However, if OSHA or OSHCON finds the company violated the law, that can provide substantial support to your case.
Common OSHA Violations That Lead to Workplace Injuries
- Lack of safety equipment for all employees who need it
- The wrong kind of safety gear or equipment that malfunctions
- Exposed wiring
- Improper lockout procedures for electrical equipment
- Improper storage procedures for chemicals and hazardous substances
- Lack of safety training, inspections, and oversight
- Lack of fall protection, such as harnesses on scaffolding
These are just some of the top ten most frequently cited OSHA standards.
In addition, your lawyer may identify additional liable parties to hold accountable in a lawsuit. The primary job in a personal injury case is demonstrating how the other party is to blame for causing or contributing to your harm. During the personal injury lawsuit process, your attorney is required to provide evidence showing the employer’s negligent or intentional action. Such documentation might include:
- Training records
- Maintenance logs and sanitation records
- Accident reports
- Safety inspection logs
- Expert testimony
- Witness statements
- Company safety materials
- Photos and videos of the workplace
Of course, any violations brought by OSHA or other authorities will provide substantial evidence that the company or its representatives are at fault. If these entities face criminal charges, material from those investigations and trials can also be used during your case when appropriate. Your attorney can advise you when these or other circumstances involving workplace safety violations may affect your case.
Combined with fines and other OSHA penalties, the expense of battling a public lawsuit regarding safety violations can encourage your employer to make an appropriate settlement offer.
