What If My Work Injury Violated OSHA Standards?
Every year, millions of workers are injured while working, and several thousand die as a result of those injuries. In 1970, President Richard Nixon and Congress created the Occupational Safety and Health Act (OSHA). In addition, workers' compensation insurance provides medical care for employees who are injured on the job in exchange for the right to sue their employer. However, many workers are injured because of unsafe working conditions.
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Workers' compensation
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Workers' compensation provides limited coverage for job-related injuries and limits the employer's exposure to lawsuits. This is known as "the compensation bargain." Most plans offer payments to cover lost wages and reimbursement or payment of medical expenses, in addition to other benefits that depend on the plan. General damages for pain and suffering are not applicable, and punitive damages for employer negligence are usually not available. You are generally not able to collect workers' compensation if you were drunk or intoxicated at the time of the injury.
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Workers' compensation and a personal injury lawsuit
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There are two exceptions where workers' compensation may not prevent an employee from suing his or her employer. One is when an employer intentionally injured an employee. It is ordinarily not enough that an employer created unsafe working conditions; the employer must have done something specific to injure the employee. The second is if an employer is required to carry workers' compensation insurance and did not.
Unsafe working conditions
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If OSHA standards are violated to the point where it is an emergency, fatality or imminent life-threatening situation, call OSHA immediately at 1-800-321-OSHA (6742). Otherwise, a violation can be reported through the OSHA website. In addition, safety violations should be reported to the local municipality and zoning board, if applicable.
Injury due to unsafe working conditions
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If injured due to unsafe working conditions, it is time to choose between workers' compensation and a personal injury lawsuit. Your chances of winning a lawsuit will hinge on how egregious the safety violation was, whether the company knew about it and how long the violation was present. It is best to consult with an attorney to make the right decision.
Consulting with an attorney
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If you choose to consult with an attorney, it is important to choose a lawyer with experience in the area of workers' compensation, not just a personal injury lawyer. You should ask about his or her track record, how many cases he or she has taken and how many he or she has won. Also, check the attorney's education and how he or she will take any fees. Finally, check his or her reputation. Ask family and friends, and see if the lawyer will offer a reference.
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- Photo Credit "Overturned Car on Capital Beltway [really bad day]" is Copyrighted by Flickr user: woodleywonderworks (woodley wonderworks) under the Creative Commons Attribution license.
