Can You Sue For OSHA Violations?
If your employer is not abiding by OSHA regulations or if you have suffered an injury in the workplace, you may be wondering if you can sue for OSHA violations. While it is technically possible, the most advisable legal cause is not always straightforward. This will depend on numerous factors that have to do with your case, such as where and when it occurred.
In this article, we share with you more about when it is advisable to sue for OSHA violations.
It All Depends on The Facts
Regardless of who the fault lies with, you are entitled to Workers’ Compensation if you have been injured in the workplace. One thing to keep in mind when pursuing this course is that you will waive any right to sue your employer for causing the injury. It may be possible to bring up an additional personal injury claim if the actions or negligence of the responsible party directly resulted in your injury. This can be a site owner, a general contractor or even a visitor to the worksite.
When considering whether you should sue your employer for OSHA violations, below are some factors to consider:
- When and when the accident took place
- What you were doing when the accident took place
Depending on the regulations in your state, you may not have the right to sue if you were under employment when the accident occurred. In New York, employees who suffered an accident while they were on the clock do not have the right to sue their employers.
Speak to An Experienced Attorney
By now, you should know that whether you can sue is all down to the individual facts of your case. The best way to find out if you have a viable case is to speak to an experienced attorney who is familiar with the OSHA laws in your state. This attorney should have handled a large number of OSHA cases before and be able to advise you on the best course to take.
Even if suing is not advisable, an experienced attorney will be able to guide you on the process of getting justice and compensation for the damages you have suffered through other routes.
Our Experienced Team at Carcich O’Shea Can Fight for Your Rights
Whether you have suffered damages as a result of a workplace accident or your employer has not been complying with OSHA regulations, our experienced legal team at Carcich O’Shea, LLC is here to assist. We can carry out workplace investigations on your behalf to get to the truth of the matter. No matter the best legal course for your case, we will be there for you every step of the way. We also specalize in a number of other practice areas that include employment contracts and litigation. Feel free to get in touch with us today to establish the facts of your case and kickstart your legal course towards justice.