If you recently suffered an injury at work, you may be facing a confusing road ahead. Things only seem to get more complicated when trying to understand how OSHA regulations and workplace injury claims collide.
An active or previous violation at your workplace can potentially strengthen your claim, but it depends on the circumstances of your accident. An OSHA citation issued after an accident does not automatically establish liability, nor does the absence of an OSHA citation automatically defeat a claim. Below, our team at Elliot Ifraimoff & Associates, PC, discusses how OSHA violations affect New York personal injury claims. For more personalized guidance or case support, consider consulting a personal injury law firm in New York.
Common OSHA Violations
The Occupational Safety and Health Administration (OSHA) aims to ensure safe and healthy working conditions for employees by setting and enforcing workplace standards, which cover everything from training protocols to how equipment should be used and maintained on job sites. To enforce these standards, OSHA inspectors conduct routine site visits and issue citations when violations are found.
According to the Occupational Safety and Health Administration, the leading 10 violations in terms of frequency in 2024 were as follows:
- Lacking fall protection (29 CFR 1926.501)
- Improper hazard communication (29 CFR 1910.1200)
- Incorrectly controlled hazardous energy (29 CFR 1910.147)
- Unsafe ladder usage (29 CFR 1926.1053)
- Lacking respiratory protection (29 CFR 1910.134)
- Unsafe handling of powered industrial trucks (29 CFR 1910.178)
- Lacking fall protection training (29 CFR 1926.503)
- Unsafe scaffolding (29 CFR 1926.451)
- Missing eye and face protection (29 CFR 1926.102)
- Inadequate machine guarding (29 CFR 1910.212)
These violations all have one common denominator: They can cause injury, illness, or harm to workers. It’s important to note, though, that even if your job site doesn’t have an active or past violation, it may still violate safety codes.
OSHA recently conducted an outreach survey with over 500 employees and found that 1 in 10 report feeling unsafe at work. OSHA is a relatively small agency that employs just over 1,800 inspectors responsible for overseeing over 130 million workers. The agency aims to identify and correct unsafe workplaces as quickly and effectively as possible, but harmful circumstances may still exist between inspections.
Does an OSHA Violation Have Any Impact on Your Personal Injury Claim?
An OSHA violation does not automatically mean you can sue your employer. Workplace injuries in New York are typically handled through workers’ compensation, which bars you from filing a lawsuit against your direct employer.
OSHA violations may still play an important role in strengthening your overall case, though. If a contractor, subcontractor, or other third party ignores required safety standards and contributes to a violation, and you suffer damages as a result, you may be able to file a lawsuit and use that citation as evidence.
One of the key elements in a personal injury lawsuit is proving negligence, which requires establishing a legal duty of care. An OSHA violation indicates that a party failed to comply with industry safety standards, thereby breaching their legal duty of care. An OSHA violation may serve as evidence of negligence, although it does not automatically establish liability.
With this in mind, proving negligence through OSHA safety violations can be a powerful mechanism when parties other than your employer are involved. This is often relevant in construction-related accidents, where multiple companies sometimes share control of one worksite. If you’re unsure how OSHA violations might impact your New York personal injury claim, consider consulting an attorney.
What To Do if You’re Injured at Work and Suspect That There’s Been a Recent Violation
If you are injured on a construction site and believe unsafe conditions or an OSHA violation played a role, taking the right steps early can make a significant difference in your case. Acting quickly helps preserve evidence and may strengthen your ability to pursue compensation. Here are a few recommended steps:
- Report the hazard to OSHA immediately: If the condition that caused your injury is still present or has recently occurred, notify OSHA so it can be investigated. Prompt reporting may trigger an inspection that creates an official record of the unsafe conditions.
- Seek prompt medical care: Depending on the nature of your injuries, call 911 or visit a healthcare provider within 48 hours to have official documentation connecting your injuries to the accident.
- Request OSHA inspection records and citations: You or your attorney can request inspection reports, violation notices, or citations issued to your employer or contractors. You may also check the OSHA Establishment Search database to find current or previous violations in your workplace.
- Gather evidence from the accident scene: Photos, witness statements, and documentation of site conditions can help demonstrate negligence and strengthen your claim.
- Act before deadlines expire: Personal injury cases are subject to strict statute of limitations in New York, so delaying action can limit or eliminate your ability to pursue damages.
Consider Consulting a Personal Injury Attorney in Queens, NY, About Your Options
The impact of OSHA violations on injury lawsuits cannot be overstated. If you’re weighing whether you need legal help, check out our guide on the advantages of hiring a personal injury lawyer, or call Elliot Ifraimoff & Associates, PC, at (718) 205-1010 to schedule a free case review.
FAQs
If you still have questions about OSHA violations in New York personal injury claims, find answers below.
Can You Sue Your Employer if You Got Hurt at Work?
You typically cannot directly sue your employer if you accept workers’ compensation benefits for an injury incurred on the job. This insurance is designed to provide workers with access to medical care, while also protecting employers from liability. You may be able to sue third parties, like property owners or subcontractors, if their negligence contributed to your injury.
How Can You Find Out if Your Workplace Violated OSHA?
You can typically find active or past violations by requesting OSHA reports, letters, and citations from your workplace or by searching the official OSHA Establishment Search database.
Do You Need a Personal Injury Lawyer in Queens, NY, To File for Workers’ Compensation?
No, you are not required to hire an attorney to file for workers’ compensation. A lawyer can be helpful in certain situations, though. For example, they can help you understand how OSHA violations impact New York personal injury claims, and they may gather evidence supporting your potential case.
This article is provided for informational and educational purposes only and does not constitute legal advice.