Dallas Attorney for Injuries Caused by a Violation of 29 U.S.C. § 654(a)(1) (OSHA Section 5)
The safety standards handed down by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) govern workplace safety conditions in Dallas and throughout the country. These regulations, in part, require employers to keep the workplace safe for workers and provide them with the necessary safety gear to keep them safe at work. If your employer failed to follow this duty and you got sick from COVID-19 or faced other injuries during the coronavirus pandemic, call The Queenan Law Firm today.
Our Dallas attorney for injuries caused by violations of 29 U.S.C. § 654(a)(1) (OSHA section 5) might be able to take your case and file a lawsuit against your employer to get you compensation for your illness or injuries. We also might be able to represent you in a lawsuit against the employer of a loved one who was killed by the coronavirus or other workplace accidents in Dallas during the pandemic. For a free case consultation, call our law offices today at (817) 476-1797.
Injuries and Illness During the COVID-19 Pandemic Caused by OSHA Section 5 Violations in Dallas
One of the most worrying consequences of unsafe workplace conditions is that workers could contract COVID-19 and get sick. Workers in essential industries may have no choice but to continue coming in for work to support their families and keep their jobs. This means that many workers are being exposed to the potential of contracting coronavirus and COVID-19 from clients and customers as well as coworkers.
Many workers in grocery stores, hospitals, pharmacies, and other essential businesses might get sick if a patient or customer comes in with COVID-19. To prevent this, employers should provide employees with personal protective equipment like gloves and facemasks. They should also provide workers with safety equipment, such as plexiglass barriers in front of registers.
Failing to provide this kind of equipment might violate 29 U.S.C. § 654(a)(1) (OSHA section 5). This section of the OSHA Act requires workers to provide safety gear and a safe work environment to their employees, and it places no burden on the employees to do it themselves. This means that delivery drivers, grocery store workers, and hospital workers who are not given proper personal protective equipment (PPE) might be entitled to sue their employer for illness from COVOID-19.
In addition to risks caused by COVID-19 itself, there are other secondary risks that employees face at work that might violate OSHA section 5 regulations. First, employers must still provide their employees with a safe workplace under the general duties of section 5. This means that they must keep railings, staircases, floors, and lighting in safe working order. Allowing safety standards to loosen during the pandemic could lead to other injuries. Second, as workers get sick or go on furlough, reduced staffing could create safety issues. For instance, lifting and carrying without assistance or climbing a ladder without a spotter could be unsafe. Employers might also be responsible for failing to provide proper supervision or allowing work to go on while understaffed.
Suing an Employer for Dallas Workplace Injuries or Coronavirus Illness Caused by Violations of 29 U.S.C. § 654(a)(1)
OSHA’s section 5 regulations create a general duty that employers must follow. This duty must be followed in Dallas and throughout the rest of the country. When an employer fails to use the proper care or skill necessary to carry out a legal duty, courts may be able to classify that as “negligence.” Workers and other individuals injured by negligent breaches of duties like this might be entitled to sue for any injuries, illness, or other effects they faced because of the breach of duty.
Many workers who contract COVID-19 at work might be entitled to sue for their illness. Dallas employers could be held liable in a lawsuit for their workers’ illness, but workers’ compensation might be used instead in some cases. If you opt out of workers’ compensation when you start your job, you might still have the right to sue instead, which could open access to additional damages for pain and suffering. Otherwise, you might need to file your Dallas workplace injury case through workers’ compensation.
If your loved one contracted COVID-19 at work and passed away, you might be able to file a lawsuit for their death. Wrongful death lawsuits based on coronavirus exposure caused by OSHA general duty violations could be serious cases that entitle the victim’s family to substantial financial compensation.
Employers are not relieved of their other safety requirements because of the pandemic, and continuing to have workers work in conditions that would be considered unsafe without a viral pandemic is still a breach of OSHA regulations under section 5. If this kind of breach of duty during the coronavirus pandemic led to other injuries like serious cuts, scrapes, broken bones, back injuries, or head injuries, you could also be entitled to compensation. The same is true if a tragic accident caused by unsafe workplace conditions caused the death of a loved one.
Talk to an attorney about whether you have the right to file your case in court and how much your claim could be worth.
Call Our Dallas Injury Lawyers for COVID-19 and Coronavirus Cases Caused by OSHA Section 5 Violations
If you or a loved one was injured or made ill because of unsafe workplace conditions during the coronavirus pandemic, The Queenan Law Firm might be able to help. Our attorneys work to hold employers liable for violations of OSHA Act section 5 and other OSHA requirements. For a free legal consultation on your potential case, call our Dallas attorney for injuries caused by violations of 29 U.S.C. § 654(a)(1) (OSHA section 5). Our phone number is (817) 476-1797