Dallas Attorney for Work Injuries Caused by OSHA Violations from Coronavirus (COVID-19)
Workers across Texas are finding themselves out of work because they are “non-essential,” while other “essential” workers are continuing to do their jobs, often without proper safety standards. Our workers at the forefront of the pandemic still must go to work, but safety issues can put them at risk. Many industries have OSHA requirements for what gear and workplace safety needs they must have, and having these workers continue their jobs without these things could be serious OSHA violations in normal times, let alone during the pandemic.
If you work in the Dallas area and you were injured or made ill because of an OSHA violation at your job, call the Dallas attorneys for work injuries caused by OSHA violations from coronavirus (COVID-19). Our attorneys have decades of experience representing injured workers in Dallas, and we fight go get them the compensation they need. Call The Queenan Law Firm today at (817) 476-1797 today to set up a free legal consultation on your case.
OSHA Violations During the Coronavirus Pandemic in Dallas
While many issues during the coronavirus pandemic are changing the way we live and work, there are many things that are staying the same. Although the circumstances might have changed a bit, many objective dangers are still dangerous. This means that OSHA violations and other safety violations at work can still be cause for alarm. Unless the government suspends regulations, employers are still expected to follow safety regulations to help avoid injuries.
In your job, you might come across dangers from climbing ladders, operating machinery, or working with other tools. The regulations for training and safety equipment still stand, and your employer must still provide you with proper equipment.
In some industries, especially the healthcare industry, personal protective equipment is scarce. OSHA regulations and other standards for healthcare workers are still in place, and employers should still be required to do their best to take reasonable steps to follow safety regulations during this time.
Whether the OHSA violation that led to your injury was related to COVID-19 or not, you might be entitled to sue your employer if their violations caused you serious workplace injuries.
Suing an Employer in Dallas for COVID-19 Safety Violations
Texas law often allows employees to sue their employer for injuries sustained at work. In many states, workers’ compensation is the “exclusive remedy” for workplace injuries. In those states, workers injured at work must file a claim through their company’s workers’ compensation policy instead of a lawsuit. In Texas, both employers and employees are permitted to opt out of workers’ compensation. This means that if your employer does not have workers’ compensation insurance or if you opted out of coverage when you started your job, you retain the right to file a lawsuit for injuries at work.
When you make a claim through workers’ compensation, you do not need to prove fault, but your damages are usually limited. Workers’ comp. claims typically pay only around 2/3 of normal wages and cover medical bills only through a provider your employer chooses. These insurance systems also usually exclude coverage for pain and suffering damages.
When you sue for injuries instead, you open up access to the full value of damages you suffer. You can also usually claim compensation for pain and suffering, which might allow you to claim substantially higher damages. The trade-off here is that you must prove that your employer caused your injuries through negligence or intentional harm before you can recover compensation.
Proving Fault in a Lawsuit Against a Dallas Employer for Coronavirus Safety Violations
To prove your case against your employer, you will usually need to prove that they breached some duty they owed you. OSHA – the Occupational Safety and Health Administration – writes regulations that employers must follow to help keep their workers safe. State and local rules in Texas and Dallas might also provide health and safety requirements that your employer must follow. Lastly, common-sense safety standards based on what is reasonable in each situation also supply duties.
If your employer breached any of these duties or regulations, this can usually help you prove they were at fault. A breach of this kind of duty or a violation of any of these regulations can indicate negligence, and evidence of how your employer violated the safety regulation can be brought in court as evidence of their fault.
If some third party was at fault for your injuries, you might be entitled to sue them instead. For instance, if you were injured while working as a driver because another driver on the road caused a crash, you can sue them for your injuries. Similarly, if third party manufacturers produced defective or ineffective personal protective equipment or if a customer or client committed some act of negligence that left you injured or ill, you could be entitled to sue those third parties instead of your employer.
In your court case, you need to prove that it is more likely than not that your claim is true. This is a relatively low standard compared to the “beyond a reasonable doubt” standard in criminal cases. In addition to proving fault in your case, you will also need to supply evidence of how much your injuries and damages cost. Your employer can help you prove fault and damages in your case.
Call Our Dallas Workplace Injury Lawyers for COVID-19 OSHA Violations and Workplace Hazards
If your employer failed to provide you with the proper training and equipment that OSHA requires, you could be seriously injured at work. Talk to a lawyer today about whether you can file a lawsuit for the injuries you faced. Our Dallas attorneys for work injuries caused by OSHA violations from coronavirus (COVID-19) might be able to help you prove your case and get the compensation you deserve. Call The Queenan Law Firm today at (817) 476-1797 to set up a free legal consultation on your potential case.