OSHA Violations: What Florida Workers Need to Know
No worker wants to arrive at their place of employment worried about their safety due to dangerous working conditions. For this reason, the Occupational Safety and Health Administration (OSHA) was created to ensure uniformity and conformity in health and safety at workplaces across the United States.
When an injury occurs on the job and the worker believes the employer is at fault, it is natural to want to know the possible courses of action for obtaining compensation for medical bills and time missed from work. While OSHA is charged with ensuring employers follow health and safety guidelines, violations do occur which can put the safety of workers at risk, and open the employer up to a personal injury lawsuit.
OSHA is a federal agency, meaning its jurisdiction applies in every state. Workers in Florida will therefore want to know the types of workplace violations that exist, and how to go about pursuing legal action in the event of an accident on the job.
De Minimus Violations
These violations draw their name from the Latin term for trivial or minor. True to form, these types of violations (such as having one too many or few rungs on a ladder) are so small that they do not warrant a formal OSHA penalty.
These types of violations apply to actions such as improperly storing materials, inadequate recordkeeping, and not posting required notices. These types of violations can contribute to worker personal injury, and should be noted, documented, and reported if they are present.
These are the kinds of violations that can cause serious harm to workers. Even unintended hazards the business doesn’t see can leave them at fault if an accident occurs. Failing to make employees wear safety equipment in dangerous jobs is an example of a serious violation.
These are the most severe of all violations. When employers willfully disregard the safety of their employees, they are committing intentional safety violations. OSHA fines for these types of violations can be extremely steep, in hopes that businesses have an inherent incentive to act in a responsible manner in regards to worker safety.
The Role of Insurance
Most businesses carry some form of workers’ compensation insurance, which protects businesses from liability in the event of an employee accident on company property. In many cases, disputes are settled in a no-fault scenario, where claims are submitted to the company’s insurance agency and settled out of court. However, there are circumstances in which further litigation may be possible. Consulting with an experienced personal injury attorney is therefore highly recommended.
Orlando’s Preferred Legal Counsel
In the event the defendant refuses to settle, Payer Law will take the case to court and fight for your rights to fair compensation for the accident. If you are looking for workers’ compensation due to OSHA violations that resulted in personal injury, contact our Orlando workers’ compensation attorneys today.