Arlington, TX Attorney for Work Injuries Caused by OSHA Violations from Coronavirus (COVID-19)
The coronavirus pandemic has put many people out of work. Those who are still working in “essential” industries might find themselves facing modified work conditions. However, at no point should you have to put up with safety hazards and OSHA violations that put you and your coworkers at risk. Whether the dangers were created by the coronavirus or workplace safety standards were loosened during the pandemic, you might be entitled to sue your employer if you received an injury at work because of safety violations.
Call our Arlington attorney for work injuries caused by OSHA violations from coronavirus (COVID-19) to discuss your injury case. The Queenan Law Firm has decades of experience representing injured workers in lawsuits against their employers for on-the-job injuries. For a free legal consultation on your potential case, call our attorneys today at (817) 476-1797.
COVID-19 OSHA Violations and Safety Hazards in the Workplace in Arlington, TX
The Occupational Safety and Health Administration (OSHA) is the U.S. department in charge of writing safety regulations for industries across the country. The State of Texas and local municipalities like Arlington also have their own safety rules for some industries and workplaces. In any case, these regulations are usually designed to help keep workers safe by requiring safety gear and equipment that will help prevent injuries. These regulations govern everything from safety goggles and emergency eyewash stations to staircases and lighting.
If your employer has committed OSHA violations that left you vulnerable to injury, you might be entitled to sue for any injuries this negligence caused. The coronavirus is making work difficult for many, and the added stress of unsafe work conditions is unacceptable. In most cases, employers have no excuse for failing to comply with basic, everyday safety standards, even in the face of a crisis. While some industries might be strained and safety standards might be relaxed, such as in hospitals, there might still be standards on the books that employers should be following to help keep workers safe during the COVID-19 pandemic.
Suing for Work Injuries from Safety Regulation Violations in Arlington During the Coronavirus
If you were injured at work, you might be entitled to sue your employer. There are two main things to consider in every work injury case that change who will be held responsible and how your claim will proceed:
Who is at Fault for Workplace Injuries?
If your employer caused your injuries through negligence or intentional acts of violence, you might be entitled to file a claim against them. In the case of injuries caused by OSHA violations, your employer is usually responsible for their own failure to follow the rules.
Some injuries are caused by third parties instead. If you were injured in a car accident while working as a driver, the other driver would be a third party who might be responsible for your injuries. Workers are often injured by defective or malfunctioning equipment or safety gear, which might mean that the equipment manufacturer is liable. In these kinds of cases, you can usually sue that third party for injuries.
If your accident was purely an accident or you unintentionally injured yourself, you might still be able to file a claim for injuries, but only if you have workers’ compensation coverage.
Workers’ Comp. vs. Injury Lawsuits
Workers in Texas can opt out of workers’ compensation coverage. If you have workers’ compensation coverage, you usually cannot sue your employer for on-the-job injuries, but you will be entitled to compensation through your workers’ comp. insurance. If you do not have workers’ compensation, you retain your right to sue. If your employer does not have workers’ compensation, then there should be nothing stopping you from filing a lawsuit and you would also retain your right to sue.
In cases against a third party, you can usually sue, even if you have workers’ compensation. You can also sue your employer for intentional injuries with workers’ comp.
In many cases, filing a lawsuit is better because it opens up more damages you can claim. Workers’ compensation does not cover pain and suffering, which could be a big part of the damages in your case. Workers’ comp. also covers only a percentage of your lost wages and requires you to use an approved doctor for your medical care. In a lawsuit, you can usually sue for any damages you faced, including pain and suffering.
Talk to an attorney about whether you can sue and fight to maximize the compensation you receive in court. In many cases of OSHA violations during the coronavirus pandemic, workers will be entitled to financial compensation if they can prove their employer was at fault in a lawsuit.
Proving a Claim for Workplace Injuries in Arlington Caused by OSHA Violations During the Coronavirus Pandemic
If you file your claim as a lawsuit against your employer, you will need to prove that they were negligent before the court can award you damages. To prove an employer was at fault for a workplace injury, your lawyer must be able to point to something that they did wrong. In most cases, proof of an OSHA violation shows the court that the employer was liable and helps the victim win their case.
Many OSHA violations have not been relaxed during the coronavirus pandemic. As such, any proof that your employer failed to provide safety gear, failed to repair necessary equipment, or failed to follow proper training and safety guidelines could work as proof of your employer’s fault. Whether the injuries you faced had anything to do with contracting the coronavirus or not, our workplace injury lawyers might be able to help.
Call Our Arlington, TX Lawyers for Injuries from Coronavirus OSHA Violations
If you or a loved one was injured at work during the coronavirus pandemic because of an OSHA violation, call The Queenan Law Firm. Our Arlington attorneys for work injuries caused by OSHA violations from coronavirus (COVID-19) represent injury victims and fight to hold their employers accountable for their injuries or illness. For a free legal consultation on your potential case, call our law offices today at (817) 476-1797.