When it comes to the workplace, days of dealing with an unhappy customer or an overwhelming task load can often feel like the most complicated and anxiety-inducing endeavor to handle. However, when a workplace accident leaves you with mounting medical bills and lost wages, you miss the days of only dealing with an unhappy customer.
In addition to medical bills and recovery, you are now faced with understanding the intricacies of workers’ compensation claims and OSHA regulations.
OSHA is responsible for establishing rules and guidelines to promote a safe and healthy working environment for employees. Does an OSHA violation impact your workers’ compensation claim and your right to compensation?
Keep reading as our workers’ compensation lawyers weigh in on OSHA, your workers’ comp claim, and you!
What is OSHA?
The Occupational Safety and Health Administration, or OSHA, is a federal agency whose mission is to ensure “America’s workers have safe and healthful working conditions free from unlawful retaliation.”
Part of the United States Department of Labor, OSHA works to promote and protect the health and safety of employees by:
- Setting and enforcing standards
- Enforcing anti-retaliation provisions of the OSH Act
- Providing training, outreach, education, and assistance
- Working in collaboration with state OSHA programs
The OSH Act, passed by Congress in 1970, has reduced overall workplace injuries and illness rates and extended coverage to almost all private employees and some public-sector employees.
The Role of OSHA in the Workplace
OSHA sets requirements and standards for the workplace in regard to health and safety, whether that be working with hazardous materials on a construction site or proper storage protocols in the backroom of a grocery store.
If a workplace is found to be in misconduct or violation of OSHA’s regulations, they could face a fine or even criminal prosecution referrals for serious violations.
OSHA and Workers’ Comp: Are They Connected?
OSHA and workers’ comp claims can be perceived as going hand in hand since they both govern the health and safety of employees. While they both have the same underlying values – protecting employees – they are two separate programs.
OSHA’s sole focus is ensuring workplace safety guidelines are being met by your employer. Workers’ compensation, on the other hand, focuses on an employee’s right to seek compensation for a workplace injury, regardless of fault.
OSHA, Your Workers’ Compensation Attorney, and Your Right to Benefits
Does violating OSHA standards and laws affect your right to workers’ compensation benefits? Absolutely not!
If there has been an OSHA violation by your employer that resulted in a work-related injury, it will not impact your ability to receive compensation for medical care, lost wages, or the other benefits of workers’ compensation.
What Happens if an OSHA Violation by a Third-Party Resulted in Your Injuries?
Reporting an OSHA violation will not result in additional workers’ compensation benefits or impact your claim in any way. However, if your workplace injury was the result of an OSHA violation by a third-party, it could be used as evidence in a personal injury lawsuit.
A personal injury lawsuit can be filed in conjunction with a workers’ comp claim; however, the process becomes a bit more complex and can affect the compensation you receive.
Consult your case with one of our workers’ comp attorneys to help protect not only your right to compensation but also maximize the benefits you rightfully deserve after a workplace accident.
Protect Your Right to Compensation with Help from Hoffman Law Firm!
Understanding the intricacies of workers’ compensation is no easy feat, especially when multiple government agencies can weigh in on workplace protocols.
If you find yourself hurt on the job due to conditions that violate OSHA standards, talk to our workers’ compensation lawyers at Hoffman Law firm, conveniently near you, as you may be entitled to workers’ compensation benefits and a possible personal injury claim.
Located in Charleston, SC, we support accident victims throughout the Palmetto State. Our personal injury and Workers’ Comp lawyers here at Hoffman Law Firm have extensive experience handling a wide variety of cases. We have established a reputation for success, as well as great service!
To meet with a member of our team, schedule your free consultation today.
