Should I File an OSHA Complaint After a Work Injury in FL?

Unfortunately, if your employer does not adhere to the rules and regulations implemented by OSHA, it can result in unsafe working conditions and subsequent injuries. Workplace accidents can be incredibly frustrating, especially if your injury was caused by the negligent actions of your employer. As such, if you have sustained an injury, you may wonder if you can file a claim for workers’ compensation and an OSHA complaint. This blog explores what you should know, including the importance of working with a Florida workers’ compensation attorney to assist you during these complicated times.

What Is OSHA and What Violations Are Common?

The Occupational Safety and Health Administration (OSHA) is a federal organization that sets important regulations and standards to ensure the well-being of employees. Most employers in the United States are subject to the standards established by OSHA, with some exceptions, like those in the farming industry or workers on the railroads.

Common OSHA violations include, but are not limited to, the following:

• Lack of proper fall protection
• Lack of hazard warnings
• Improper use of ladders
• Lack of respiratory protection
• Failure to meet necessary training requirements
• Lack of machine guarding
• Improper scaffolding

Can an OSHA Complaint Impact My Workers’ Comp Claim?

First and foremost, it is important to understand that filing a workers’ compensation claim and an OSHA complaint are two separate reports. You are eligible to file a workers’ compensation claim for any injury sustained while on the job, regardless of who is at fault or if an OSHA violation occurs. However, you can only file a complaint with OSHA if your injuries are a direct result of a violation on behalf of your employer or you are subject to unsafe working conditions, even if no injury arises.

However, an OSHA complaint could impact the outcome of your workers’ comp claim. If OSHA investigates your report and discovers that your employer has violated the standards and issues a citation to your employer, this can actually increase the value of your workers’ compensation claim. While your employer may attempt to deny the citation, if they are ultimately found at fault, they will have to pay a fine. However, if they can prove they took the necessary steps to prevent injury, they may beat the citation. If this occurs, you can still recover compensation for the injury, though the value of your claim may be reduced due to the lack of OSHA violations.

Unfortunately, navigating these matters can be incredibly difficult, especially when healing from an injury. That is why it is critical to connect with an experienced attorney with the Law Firm of Kevin A. Moore. Our team understands how difficult these matters can be, which is why we are committed to helping you fight for the justice and compensation you deserve. Contact us today to learn more.