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When someone gets injured on the job, one of the first things that may come to mind is pursuing a workers’ compensation claim. While filing one of these claims is essential to receiving the medical treatment and lost wages you need to recover, it is not necessarily the only option you have for seeking compensation. Injuries on the job that result from Occupation Health & Safety Administration (OSHA) violations could open the door to other forms of recovery.
Even if you have been told that workers’ compensation is the only choice you have, it’s a good idea to check with an experienced personal injury lawyer. Stanfield Bechtel Law is ready to advise you of your full legal rights.
Workers’ Compensation: The Exclusive Legal Remedy (With Exceptions)
As a general matter, an injured employee only has the right to file a workers’ compensation claim against his or her employer. This program pays for wage replacement, medical treatment, and related benefits for employees who have become injured or disabled on the job. However, there are exceptions to workers’ comp being the injured worker’s exclusive remedy. They include:
- Intentional acts or instances of extreme negligence by the employer (intentional torts)
- Injuries caused by a third-party or a defective product
- Situations in which the employer doesn’t have a required workers’ compensation insurance policy
These are rare exceptions, but they do exist. An employer cannot deliberately injure an employee or fail to carry workers’ compensation coverage. And a third party, such as a property owner or a product manufacturer, could engage in negligence that causes injury to the worker. It is in situations such as these that OSHA violations could prove relevant.
OSHA Violations and Workers’ Compensation Exceptions
Violations of OSHA remain common sources of workplace injury. Some examples include:
- Failure to install safeguards to prevent falls
- Unsafe use of ladders
- Chemical hazards
- Scaffolding collapses due to improper installation
- Lockout/tagout violations (when unexpected stored energy causes a machine to start unexpectedly)
- Forklift operation by uncertified workers
- Eye and face protection violations
- Failure to install machine guards to prevent amputation
If you have suffered an injury because of one of these or another infraction, it’s a good idea to report the violation to OSHA. Proof of a violation can be used as evidence that will allow you to seek compensation from a third party that may have broken the rules. It may also be used to prove that your employer intentionally caused you injury. In other words, if it is determined that an OSHA regulation was violated, this will save you considerable effort in seeking compensation beyond workers’ comp.
There are various ways in which third parties can be held liable for negligence. The property owner where work is being done may have failed to ensure that proper handrails have been installed on staircases. Negligence like this can hurt workers no matter how careful the employer is. Another example of a third party being held liable is when equipment manufacturers fail to install proper safety guards on their machines.
Explore Your Legal Options After A Workplace Injury
Workers’ comp should be used to cover your medical treatment and lost wages. But don’t overlook the possibility that third parties could be to blame for negligently violating OSHA regulations. If you’ve been hurt on the job site, it’s time to talk about your rights and options with Stanfield Bechtel Law. Call us today to get started.