St. Petersburg Personal Injury Attorneys
OSHA Violations often Lead to Workplace
Injuries
The Occupational Safety and Health Administration ("OSHA"), is a
government agency dedicated to developing workplace health and
safety standards in the United States. It further sets forth
employee rights that employers must adhere to in order to protect
their workers from injury and exploitation. OSHA's safety
regulations address the safety needs of a variety of industries,
including, but not limited to, the construction, maritime, and
agricultural industries. Many employers actually require their
supervisors and employees to take OSHA classes related to these
regulations, but this does not guarantee safety in the workplace.
If you or a loved one suffered a workplace injury, there is a
strong possibility that it was due to a violation of OSHA
regulations.
OSHA Rights and Safety Standards
In order to improve workplace safety, workers are generally
afforded the following rights under federal law:
Training in a language you
understand;
Safe, working machinery;
Safety gear;
Protection from toxic chemicals;
An OSHA inspection;
Copies of workplace injury and illness logs; and
Copies of workplace hazard test results.
Further, the regulations provide that work
equipment must be reliably made and in good, working condition,
unsafe controls, such as an electric grid, must the "tagged and
locked," and only employees who are trained or have experience
can operate equipment and machinery. For example, if an
electrical contractor is installing light fixtures and is shocked
because the power box was not secured and inadvertently turned
on, you may have a claim for a violation of OSHA regulations both
for failing to tag and lock the electric box. Many workplace
injuries are caused because employers cut corners to save money,
such as refusing to fix or replace defective equipment.
There is also such a need for workers in dangerous and physically
demanding industries such as construction that many employees may
not be properly trained in OSHA safety standards. If you've been
injured by defective work equipment due to poor employee training
and an unsafe work environment, you may have a claim against the
general contractor, property owner, or even your fellow co-worker
for damages. Further, you may be able to recover under a theory
of strict liability due to the violations.
Florida Workplace Injury Law
Unlike a traditional premises accident, if you are injured on the
job, you will generally have to avail yourself of Florida
Workers' Compensation laws. This means that you may not sue your
employer for your injuries, even if your employer was negligent
in causing them. This does not mean that you cannot sue another
negligent party though. If you are a subcontractor and the
general contractor was the one legally responsible for
maintaining the work site, you may have a cause of action against
the general contractor. You may also have a cause of action
against the property owner or another subcontractor under OSHA if
there is evidence of a violation. After a debilitating workplace
injury, however, you will likely need immediate compensation, and
litigation takes time. For this reason, employers are required to
carry workers' compensation insurance, which generally covers an
injured employee's medical expenses and lost wages incurred as a
result of an injury as long as at least 50% of the injury was
suffered on the job.
For example, if you fell in your home and injured your ankle and
then due to that injury you tripped at work and exacerbated the
injury slightly, you are likely not eligible to receive workers'
compensation benefits. This is also likely not an OSHA violation
unless the premises was in a dangerous condition. You also may
not receive workers' compensation benefits under the following
circumstances:
The injury was intentionally self-inflicted;
The injury was caused because the employee was on drugs
or intoxicated;
The injury was intentionally inflicted to obtain
workers'compensation benefits; or
The employee refused to observe safety rules or use
safety equipment.
Further, if you fall into these categories, it does not mean you
can then sue your employer for negligence. If the injury was
purposefully self-inflicted or occurred because the employee was
intoxicated, there is generally no case against another party
because of the worker's own negligence. It is also unlikely you
would be successful in suing your employer if you refused to obey
safety rules under the doctrine of assumption of risk. However,
if you were injured by an untrained employee who was intoxicated
on the job, this may be have been an OSHA violation.
Exceptions to Workers' Compensation Law
One of the main exceptions to Florida's workers' compensation law
is if your employer violated OSCH by refusing to provide you with
necessary safety equipment and you are injured as a result. In
this case, you would be permitted to sue your employer in Florida
court for your injuries, as an employer's knowing failure to
provide safety equipment would likely result in serious injuries
to his employees. There are two additional exceptions to Florida
workers' compensation law that would allow you to sue your
employer. The first is simple; you weren't injured while "on the
job." Worker's Compensation insurance only covers injuries that
occur during the scope of your employment. Second, you may sue
your employer for injuries if he or she did not carry workers'
compensation insurance. This is illegal in Florida, and an
employer may not defend a suit for personal injuries or wrongful
death brought against him using worker's compensation law if he
did not carry necessary coverage.
Contact a Clearwater Workers' Compensation and Personal
Injury Attorney
Worker's Compensation insurance has both benefits and
shortcomings, but if you believe your employer violated OSHA
standards by not providing you with necessary safety equipment,
you may be able to take him or another party to court. If you
suffered a disabling injury at work, whether temporary or
permanent, contact the Dolman Law Group Accident Injury Lawyers,
PA immediately. The Dolman Law Group's trained personal injury
and workers' compensation attorneys can analyze the facts of your
case in order to determine whether you will be able to litigate
your claims or must avail yourself to worker's compensation
insurance. Further, they can work with your employer's insurance
carrier to ensure you are receiving the full value of your claim.
They are your premier personal injury lawyers in the greater
Tampa Bay area. Call them today at 727-451-6900 or contact them
online for a free, no-risk consultation.