Every workplace is different and, as such, should be treated different ways. However, many employers will typically have the same responsibilities when it comes to providing a safe workplace for employees. Under OSHA law, employers must follow rules and regulations just as employees must work to make sure they are being followed. Here are some of the most common responsibilities revolving around safety in the workplace:
- Always examine workplace conditions to make sure that they follow the OSHA standards.
- Employees must always have safe tools and use them for proper procedures, as well as maintain the equipment.
- Employers must provide safety training that is easily understandable for employees to understand.
- Records must always be kept of work-related injuries and illnesses.
- Adopt an Injury and Illness Prevention Program that can work to substantially reduce the number and severity of workplace injuries and alleviate the financial burdens on workplaces.
OSHA and Actions
If a worker’s injury is connected to an OSHA violation, then an injured worker may not only be eligible for workers’ compensation benefits but also have the ability to file for additional damages in a lawsuit against the employer. However, to do this, one must prove that the employer was acting negligently and there was a disregard to the employee’s safety. If OSHA has decided to cite a violation and the employer blatantly ignores this, then the burden of proof may be met.
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Documenting the Problem
If you want to make a claim against an employer for violating regulations, you should always plan on documenting the problem. You should always take notes of conversations and events and include things like the time, date, and names of those present. You should always have good documentation for things that will support your side of the story like company policy handbooks, offer letters, performance reviews, and more. However, you should only collect documents that you legally have access to.
After the problem is documented, you may consider taking legal action at last. Now that you have proof that an OSHA regulation was violated, your job is that much easier and you have less to prove. Here are some things that you may expect from a lawsuit:
- You should not expect a ton of money in your hand from a lawsuit stemming from a violation. Many of these legal claims will never make it to trial. You should attempt to negotiate with your employer after your injury has occurred.
- You will need an incredibly strong case. You must have good evidence like documents to show that your rights were violated.
- You should expect the lawsuit to be expensive. Many lawsuits cost tons of money, sort of like an investment.
Were you working at your place of employment and you became injured because your employer violated regulations? Then you may have a case. You should speak to an attorney that can fight for your rights when it comes to workplace personal injuries. At Maggiano, DiGirolamo & Lizzi we have this experience and can help you with your case. Call today for more information.