The Occupational Safety and Health Act (OSHA) is a comprehensive federal law enacted in 1970 designed to ensure workplace safety. OSHA requires employers to provide workplaces that are free of dangers that could physically harm those who work there. OSHA requires that employers inform employees about potential hazards, train them in how to deal with hazards, and keep records of workplace injuries. Despite OSHA, workplace accidents are commonplace not only in construction sites, mines, and factories, but also in workplaces that are typically viewed as dangerous. In fact, according to OSHA over 5000 people die from workplace injuries each year and over 50,000 dies from work-related illnesses each year. If you are in need of an employment lawyer because you have been injured in the workplace, it is important that you immediately contact an experienced Los Angeles OSHA Lawyer who will help ensure that your employer is held accountable for the injuries you suffered at work.
Employer Requirements under OSHAUnder OSHA, employers are required to provide a workplace that is free from hazards. In addition, employers are required to:
Under OSHA, all workers have the right to:
If an employer violates OSHA and as a result a worker is injured, the employer will be required to pay a significant fine. For example, in January 2016, OSHA initiated an inspection at Soundwich Inc. after a 55-year-old worker had caught his hand in the moving parts of a machine and suffered severe injury to his right ring finger. OSHA inspectors determined the employee was operating a machine without proper safety guards when a steel coil crushed the employee's right hand. His finger had to be surgically amputated. OSHA found 15 serious violations and one other-than-serious violation. OSHA proposed penalties amounting to $89,000.
Workers injured in the workplace due to OSHA violations are entitled to workers’ compensation benefits. Under California law, workers' compensation benefits are the "exclusive remedy" for an injured employee. This means that an injured employee is entitled only to workers' compensation benefits and is generally barred from attempting to collect additional compensation through a common law personal injury lawsuit. The practical effect of this provision is that it limits the amount of money that an injured worker would be able to recover to whatever workers' compensation provides which is likely significantly less than what a victim might be able to recover in a personal injury lawsuit. For example, if a worker wins a personal injury lawsuit, the worker could be awarded medical bills, disability benefits, job replacement benefits or wrongful death benefits. The worker may also be awarded additional compensation including damages for pain and suffering.
However, despite the exclusive remedy provision, injured employees do not always have to settle for only benefits from workers' compensation insurance. It depends on the type of accident that led to the injury and who was negligent. For example, if a workplace injury was not due solely to an OSHA violation, but also caused by something else such as a defective product, the manufacturer of the product may be at least partially liable. The injured worker may then be able to receive workers' compensation benefits and also file a products liability lawsuit against the manufacturer of the product to recover additional damages.
Los Angeles OSHA LawyerIf you were injured or a loved one was injured because of an employer's failure to comply with OSHA standards, you have the right to hold the employer accountable and receive compensation. The staff at VAKILI & LEUS, LLP has years of experience successfully representing clients in matters involving workplace injuries, construction site injuries, worker’s compensation claims, and other types of employment-related disputes. Keep in mind that there are time limits to filing claims. Contact us at 1-855-52LA-LAW (1-855-525-2529) to schedule a free, no obligation consultation regarding your concerns related to your employment.
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