How OSHA Violations Impact Your Industrial Accident Claim

In 2024, 2.488 million recordable workplace incidents were reported. These injuries ranged from mild to fatal. In the US, employers have a duty to create a safe working environment for employees. Sometimes accidents happen due to negligence, third parties, or safety violations.

When an industrial accident happens, most claims are covered under workers’ compensation. However, there are some instances where there are other circumstances that may allow for a personal injury claim. In most workplace accidents, workers’ compensation is the exclusive remedy against an employer. However, if a third party contributed to the accident, an injured worker may have a separate personal injury claim.

Keep reading to learn more about OSHA violations, industrial claims, and how a personal injury attorney can help clients understand their legal options.

What is OSHA?

The Occupational Safety and Health Administration (OSHA) is a federal agency dedicated to safe working conditions across the US. This agency falls under the Department of Labor. It sets and enforces standards and anti-retaliation policies in workplaces.

Virginia’s Department of Labor and Industry has a state-run counterpart called the Virginia Occupational Safety and Health (VOSH) program. This state government agency supports businesses across Virginia in creating safe working conditions. It also enforces OSHA standards for the state.

What are OSHA violations?

An OSHA violation is when an employer fails to meet an OSHA standard. A violation can range from mild to severe. Violating OSHA standards can seriously harm employees or even cause fatalities. Employers with repeated or willful violations may see higher fees.

What are the most common OSHA violations in workplaces?

The federal OSHA website lists 10 of the most common violations. This list is published to help employers identify which areas to focus on more to avoid accidents. We’ll go over them below:

Fall protection

A fall protection violation means the employer didn’t follow safety guidelines to prevent a fall. This could be a lack of guardrails, safety nets, or other systems in place.

Hazard communication

When an employer fails to document hazards in the workplace, it could result in a hazard communication violation. This could be improperly labeled chemicals, inadequate training, or documentation.

Ladders

Ladder violations happen at construction sites. These violations are for improper ladder usage or setup. It can also involve a lack of inspections to ensure ladders are used correctly.

Respiratory protection

Employers are meant to have respiratory protection programs in place. This is to ensure that the proper safety equipment is available, is regularly tested, and that employees are trained in its use.

Control of hazardous energy

Control of hazardous energy violations are related to machine maintenance. Without policies and processes in place, hazardous energy may be released during maintenance that can result in serious or fatal injuries.

Powered industrial trucks

These violations are related to improper usage of industrial equipment. This includes forklifts, fork trucks, motorized trucks, and other specialized equipment.

Fall protection training

When an employer fails to train employees on how to prevent falls, they may receive this violation. Employers are required to complete onboarding and continuous training to maintain a safe workplace.

Scaffolding

When scaffolding is unsafe, an OSHA violation may be issued. This could be inadequate bracing, systems, or planking.

Eye and face protection

Eye and face protection must be issued to employees when the situation calls for it. This type of safety equipment protects employees from chemicals, particles, and other items.

Machine guarding

Machine guards must be in place to protect workers from moving parts. When the correct machine guards aren’t implemented, employees could suffer severe injuries.

What impact does an OSHA violation have on an industrial accident claim?

An OSHA violation may or may not have an impact on an industrial accident claim. Every situation is unique; in some cases, a third party could be partly responsible for the accident. An OSHA violation may be used as evidence for a personal injury claim; however, it does not create liability or a private cause of action.

OSHA violations and personal injury claims are nuanced. It’s critical that injured employees understand their rights in Virginia and related laws before tackling this type of lawsuit. The attorneys at Phelan Petty Injury Lawyers have the knowledge needed to navigate these challenging cases. If facing the situation feels daunting, we recommend you reach out to Phelan Petty Injury Lawyers to learn more about your legal options.

Steps to take after an industrial accident

After an industrial accident, it’s essential that people take the proper steps to protect their rights, including:

Report the injury

Immediately after the injury, the injured person should report the incident to leadership. The injury should be documented, and all related workers’ compensation documentation should be filled out. This should include taking pictures of the scene and injury, if possible.

Seek medical care

Once the accident has been reported, the person should seek medical care. Completing the required diagnostic tests and following treatment plans is important for any future legal cases. Any incident should be evaluated by a medical professional if it may have caused an underlying issue.

File an OSHA complaint

If the incident was due to unsafe working conditions, workers may file an OSHA complaint. Once the complaint has been filed, an investigation may be triggered. Investigations are dependent on the agency’s current priorities and the severity of the injury.

If an investigation is triggered, it is a complex process that includes:

• Evaluating the workplace
• Interviewing witnesses
• Reviewing policies
• Collecting evidence

If violations were found, these may be used as evidence in a personal injury claim. Severe injuries or fatalities may trigger an inspection, but the injured employee can also request one.

Consult an experienced attorney

If the incident was due to an OSHA violation, consulting an experienced personal injury attorney is a good next step. A knowledgeable lawyer can help clients gather evidence, prepare a case, and maximize compensation. Possible damages that lawyers have recovered for industrial accident claims may include:

• Third-party personal injury damages
• Current or future lost wages
• Pain and suffering

Accident attorneys also advocate for their clients in court or during settlement negotiations. An experienced attorney, such as those at Phelan Petty Injury Lawyers, offers compassionate legal guidance through a difficult time for clients.

Contact Phelan Petty Injury Lawyers today for a free case evaluation

We hope you have a better understanding of OSHA violations and the impact on industrial accident claims. If you suffered one of these accidents and are struggling to understand your legal options, we want to help. Contact Phelan Petty Injury Lawyers to schedule a free case evaluation to discuss your unique situation.