Workplace Injury Lawyer
Workplace safety remains a critical concern across American industries, with thousands of workers suffering injuries or fatalities each year due to preventable hazards. When employers fail to maintain safe working conditions, the consequences extend far beyond immediate physical harm, creating complex legal situations that demand experienced representation.
Workplace accidents and related injuries occur every day, and the vast majority are preventable if employers follow basic safety procedures outlined by the Occupational Safety and Health Administration (OSHA) for their respective industries. Accidents are commonly the result of an unsafe work environment, and workplace injuries can be linked to the following:
- Lack of worker training
- Defective Machinery & Equipment
- Defective Power Tools
- Improper scaffolding
- Fatigued Worker Accidents
- Poorly Maintained Machinery
- Employer Negligence
- Failure to provide protective gear
After an accident occurs, OSHA employees and your OSHA violation lawyer may be contacted to investigate the root cause of an accident.
Every employee has the right to a safe work environment, and if it is determined that your employers violated OSHA safety guidelines, a personal injury and workplace injury lawsuit may be filed to recover medical expenses, lost wages, and long-term disability.
Joe Lyon is an experienced OSHA violation lawyer and workplace injury attorney reviewing traumatic workplace injuries for plaintiffs nationwide.
The Lyon Firm handles OSHA whistleblower cases, when employees come forward to reveal unsafe working conditions that have led to accidents and injuries.
OSHA Safety Violations
- Lack of fall protection—many noted violations cited by OSHA stemmed from a lack of effective protective systems for construction workers working at height without proper safeguards.
- Toxic hazard communication—industries using potentially dangerous chemicals have a duty to educate workers about the dangers of toxic materials and outline plans to treat exposed employees.
- Dangerous ladders and scaffolding—scaffolding may present a fall hazard if not properly installed and maintained at work sites.
- Respiratory protection—it is too common for employers to neglect a respiratory protection plan for workers inhaling dangerous chemicals at the workplace.
- Powered industrial trucks—forklifts, handcarts and other machinery requires proper training and certification to limit the unsafe use in industrial settings.
- Machine guarding—safeguards and barriers may be removed by management and present a serious violation of safety standards.
- Electrical wiring methods—makeshift wiring can create fire and electrocution hazards.
- Emergency Response and Evacuation Plans—in high risk employment settings like construction sites, power plants, fracking sites and other industrial plants, it is crucial to have a well-implemented emergency response plan.
- Fire Protection—workplaces must be equipped with working smoke alarms and sprinkler systems.
- Gas Detection—smoke and carbon monoxide sensors are critical in saving lives in dangerous work areas.
- Workplace Ventilation—when using toxic chemicals in the workplace, the areas must be ventilated to protect employees.
What is the Role of OSHA?
The Occupational Safety and Health Administration (OSHA) serves as the federal watchdog for workplace safety standards across the United States. Established in 1970 under the Occupational Safety and Health Act, OSHA operates with a clear mandate to ensure safe and healthful working conditions for every American worker.
OSHA’s authority encompasses developing and enforcing safety standards, conducting workplace inspections, and investigating complaints from workers who believe their workplace poses unreasonable risks. The agency maintains jurisdiction over most private sector employers and their workers, covering approximately 130 million workers at 8 million worksites nationwide.
When OSHA investigators identify violations during inspections, they classify them into several categories based on severity. Willful violations occur when employers knowingly disregard safety requirements or act with plain indifference to employee safety. Serious violations exist when workplace hazards could cause death or serious physical harm, while other-than-serious violations involve safety issues that probably would not cause death or serious harm but still violate OSHA standards.
The agency possesses significant enforcement powers, including the ability to issue citations and impose monetary penalties ranging from hundreds to tens of thousands of dollars per violation. Repeat violators face escalated penalties, and in cases involving worker fatalities, OSHA can refer cases to the Department of Justice for criminal prosecution.
The agency issues thousands of citations related to workplace safety violations, many of which cite a lack of formal training program for employees working at heights, which presents fall hazards.
With each workplace, the hazards are unique, however there are some clear rules and regulations that employers must adhere to in order to best protect their workers in a safe working environment.
There are some industries that see the majority of the most severe accidents and injuries year after year. Common hazardous work sites and occupations include road work zones, construction sites, farms, warehouses and factories, fracking sites, trucking and transportation. Common accidents and injuries include:
- Toxic Exposure
- Entrapment
- Crush Injury
- Falls
- Electrical Injury
- Caught in Equipment
- Amputation
- Burn Injury
- Traumatic Brain Injury
OSHA Trucking Regulations
Trucking accidents are likely to be very serious and cause a number of fatalities each year in Ohio and across the nation. In many cases, trucks and semis are overloaded or fail to meet OSHA and DOT safety standards.
Trucking companies have a duty to make sure our roads are safe and trucks meet OSHA trucking guidelines. If a truck accident occurs due to an OSHA trucking violation, a negligence lawsuit may be filed by victims of the accident.
Warehouse Accidents & Safety Standards
In factories and warehouses, there are several safety regulations that are critical in creating a safe working environment for employees. These include machine safeguards, fork truck safety, protective equipment, proper chemical storage and others.
Warehouse Accidents have been known to occur when supervisors and management fails to create a safe workplace and relaxes the regulations in place. Companies will be liable for warehouse accidents that cause serious injury to workers.
Chemical Storage & Material Hazards
The proper storage of chemicals is critical in establishing a safe workplace for employees. Workers must be trained on chemical hazards and provided with proper protective gloves and goggles if they are to be handling hazardous materials.
A failure to control chemicals in the workplace will likely eventually lead to a chemical spill or chemical burn injury accident. Employers are urged to take every precaution available to avoid workplace chemical accidents.
Contact an OSHA Violation Lawyer
Following an injury on a work site, it is critical that all evidence is preserved with photos, physical evidence and witness testimony collected. An official OSHA investigation should be conducted to determine the cause of an accident, which can lead directly into legal action and workplace injury lawsuits.
You may qualify for worker’s compensation, though your case may be worth much more than what is offered by the employer or the state benefit system. Contact an OSHA violation lawyer to review your case.
Unsafe Workplace Lawsuits
When an employee fears their safety is at risk from unsafe working conditions, OSHA recommends that employees try first to resolve safety and health issues by reporting them to their supervisors, managers or the industry safety and health committee.
Employees can also complain to their local OSHA Regional Office and ask for a safety inspection if they believe there is a safety violation or an “imminent danger.”
When filing unsafe work environment lawsuits, employees and their attorneys must provide complete and accurate information about an alleged hazard, answering questions regarding the following:
- How many employees work at the site and how many are exposed to the hazard?
- How and when are workers exposed?
- What work is performed in the unsafe or unhealthful area?
- What type of equipment is used? Is it in good condition?
- What materials and/or chemicals are used?
- Have employees been informed or trained regarding hazardous conditions?
- What process and/or operation is involved?
- What kinds of work are done nearby?
- How often and for how long do employees work at the task that leads to their exposure?
- How long (to your knowledge) has the condition existed?
- Have any attempts been made to correct the problem?
- How many shifts work in the area and what times do they start? On what shifts does the hazard exist?
- What personal protective equipment is required by the employer? Is the equipment used by the employees?
- Has anyone been injured or made ill as a result of this problem?
- Have there been any “near-miss” incidents?
Common Types of OSHA Violations Leading to Lawsuits
Construction sites generate the highest number of OSHA violations, with fall hazards, electrical dangers, and struck-by incidents representing leading causes of serious injuries and fatalities. Manufacturing facilities face scrutiny for machine guarding violations, exposure to hazardous chemicals, and inadequate lockout/tagout procedures that protect workers during equipment maintenance.
Healthcare facilities increasingly face OSHA enforcement actions related to bloodborne pathogen exposure, workplace violence prevention, and ergonomic hazards. Warehouse and logistics operations encounter violations involving forklift safety, material handling procedures, and inadequate personal protective equipment provision.
ABOUT THE LYON FIRM
Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.
The Firm focuses on single-event civil cases and class actions involving corporate neglect & fraud, toxic exposure, product defects & recalls, medical malpractice, and invasion of privacy.
NO COST UNLESS WE WIN
The Firm offers contingency fees, advancing all costs of the litigation, and accepting the full financial risk, allowing our clients full access to the legal system while reducing the financial stress while they focus on their healthcare and financial needs.
Why are these cases important?
OSHA violations often serve as the foundation for civil lawsuits when workers suffer injuries due to unsafe working conditions. These cases typically involve complex legal theories including negligence, premises liability, and violations of statutory duties. Workers injured in OSHA-violating workplaces may pursue compensation through multiple legal avenues, depending on their employment status and the specific circumstances of their injury.
Traditional workers’ compensation systems provide some protection for employees, but these benefits often fall short of covering the full extent of damages, particularly in cases involving permanent disability or wrongful death. Third-party liability claims become crucial when contractors, equipment manufacturers, or other parties contribute to unsafe conditions that result in worker injuries.