Arlington Attorney for Injuries Caused by a Violation of 29 U.S.C. § 654(a)(1) (OSHA Section 5)
The risk of being injured at work is very high in some jobs. With the coronavirus pandemic, the risk of contracting COVID-19 and getting sick could also be very high for some workers. OSHA regulations across the country and in Arlington, TX require employers to provide a safe work environment, which means that the employer must provide safety gear and safe premises. If your employer violated OSHA’s section 5 rules on this matter, you could be entitled to sue for injuries and illness.
If you or a loved one got coronavirus at work, call our Arlington, TX attorneys for injuries caused by a violation of 29 U.S.C. § 654(a)(1) (OSHA section 5). The Queenan Law Firm’s attorneys might be able to help you file a claim to get compensation from your employer for injury or illness at work. We can also fight to help the families of deceased COVID-19 victims and victims of other accidents. For a free legal consultation, call us today at (817) 476-1797.
OSHA Violation Injury Claims for Workers During COVID-19 in Arlington, TX
The U.S. Department of Labor’s Occupational Health and Safety Administration (OSHA) is responsible for regulations that affect the whole country. These labor regulations usually work to require safe working environments and might put limits in place to require employers in certain industries to follow specific health and safety protocols for workers. One general duty that all employers must follow is found in 29 U.S.C. 654(a)(1) (also known as OSHA section 5). This general duty requires all employers nationwide and in Arlington to provide a safe working environment for their employees.
During the coronavirus pandemic, we have seen a lot of “essential workers” and others whose jobs are continuing during the pandemic who have faced increased dangers at work. The risk of catching COVID-19 has meant that more and more workers on the frontlines need personal protective equipment (PPE) like masks and gloves. Hospital workers might need additional gear to keep them safe at work, such as gowns and face shields. Grocery store workers and other retail workers might also need plexiglass shields in front of their registers or other precautions to help keep potentially sick customers at a distance.
If your employer failed to provide these kinds of protective equipment, your workplace might violate section 5 of the OSHA Act. If this happened, you could be entitled to sue your employer for any illness or injuries you faced. Additionally, the families of sick workers or deceased COVID-19 victims might also be able to sue for their loved one’s wrongful death.
Suing for Injuries from OSHA Section 5 Violations During the Coronavirus
If you were injured at work because of OSHA section 5 violations during the coronavirus pandemic, you might also be able to sue for those dangerous workplace conditions and OSHA violations. The requirements of section 5 apply to general work conditions as well as work conditions affected by the coronavirus. This means that if your employer allowed workplace safety standards to slip during the pandemic, they could be held liable for those OSHA violations in a lawsuit.
Many workplaces are understaffed during this pandemic as well. Many workers, especially at warehouses and meatpacking plants, have gotten sick, and others might have been furloughed or quit in protest of working conditions. If your job was understaffed, you might have been required to take on tasks that are unsafe for the number of participants, such as lifting without a team or climbing a ladder without a spotter. These issues could also involve workplace safety issues that violate OSHA regulations and entitle you to sue your employer.
Compensation for 29 U.S.C. § 654 OSHA Violations from the Coronavirus
Victims of workplace injuries and coronavirus exposure might be entitled to compensation for the harm they suffered. For workers who were sick, this could include hospital bills and lost wages. For workers who were killed, this could include damages for their families to cover funeral and burial expenses, lost wages, lost companionship, lost household services, and other wrongful death damages. If you or a loved one contracted COVID-19, the pain and suffering you faced might also be severe and could lead to damages.
All of these damages could be claimed as compensation in a lawsuit for your injuries. In a lawsuit against your employer, you are only entitled to damages after you can prove that your employer breached some duty that they owed you. OSHA regulations under 29 U.S.C. § 654 are often used to demonstrate that your employer owes you a duty to keep your work conditions safe and provide you with protective equipment. Failing to provide workers with masks or forcing them to work under unsafe or unsanitary conditions could be considered a breach of this duty and could entitle victims to this kind of compensation.
If you work in Texas, you are given the right to reject workers’ compensation coverage. If you do not opt out of workers’ comp., your right to sue might be restricted to situations where your employer caused you intentional injury, where you were injured as an independent contractor, or where some third party’s negligence caused your injuries. Otherwise, your damages will be paid through workers’ comp. and might be restricted.
Talk to a lawyer about how to file your claim and get the compensation you need.
Call Our Lawyers for OSHA Section 5 Violations from Coronavirus in Arlington, TX
Coronavirus has affected so many workers in the Arlington area, and many were exposed at work because of unsafe workplace conditions and lacking protective equipment for workers. If you or a loved one was affected, or if a loved one was killed, call our lawyers today. We also represent victims of other accidents caused by unsafe conditions during the COVID-19 pandemic. For a free legal consultation, contact The Queenan Law Firm’s Arlington, TX attorneys for injuries caused by a violation of 29 U.S.C. § 654(a)(1) (OSHA section 5) today at (817) 476-1797.