How Does OSHA Help Your Injury Case?
Have you or a loved one suffered an injury while on a job? Although you may have heard of OSHA before, you may not be familiar with all the rules under the act as well as the rights you are entitled to. Under the OSHA, employers have obligations to provide a safe workplace for employees, and workers have the right to receive compensation in the event of an injury.
Read on to find out how the OSHA can help in your injury case!
Employer Obligations Under the OSHA
Most private employers in the United States are subject to the OSHA. Below are just some of their legal obligations under the act:
- Comply with all health and safety standards prescribed by the OSHA as well as displaying posters in prominent locations.
- Provide workers with a reasonably safe workplace, free from obvious hazards.
- Ensure that workers have the necessary equipment and workplace training.
- Keep accurate records of worker injuries and illnesses.
- Allow workers to exercise their rights under the OSHA without retaliation.
Workers’ Rights Under the OSHA
As an employee, you have the following rights under the OSHA:
- Receive training about workplace safety and standards.
- Receive records of testing injuries and illnesses in the workplace.
- Take part in OSHA inspections.
- File complaints without worrying about retaliation.
- Seek recompense for your workplace injury, regardless of whose fault it is, under Workers’ Compensation.
Workers’ Compensation and Personal Injury Claims
Regardless of whether your employer has violated an OSHA regulation or your injury was caused by an accident, you have the right to seek Workers’ Compensation. This is a no-fault insurance which most employers are obligated to have. Workers are entitled to receive medical and disability benefits for injuries sustained in the workplace, regardless of who the fault lies with for their injury. However, this does mean that you waive the right to sue your employer for the accident in most cases.
If you have been injured due to the negligence or direct actions of a third party, you may be eligible for additional personal injury claims. You may be able to pursue a civil claim against the contractor, site owner or other responsible party to recover compensation that that is not covered under Workers’ Compensation. This includes pain and suffering, lost wages, future medical expenses, and more.
Carcich O’Shea Can Represent Your Personal Injury Case
If you or a loved one have been the victim of a workplace accident, you may be wondering whether you should file a personal injury suit. Regardless of whether a Workers’ Compensation claim or a personal injury case is the best legal route for your case, our team at Carcich O’Shea, LLC, can advise and advocate fiercely on your behalf. We have experience in a wide range of practice areas and you can rest assured that we are equipped with the relevant knowledge to make a strong case for you. Please contact us to start discussing the facts of your case today.