OSHA standards are designed to help prevent needless workplace tragedies. Unfortunately, many companies are cutting costs and cutting corners and are not making sufficient efforts to live up to their obligations under the law to keep you safe. While violations of OSHA standards are not necessarily enough on their own to prove an employer’s negligence as a matter of law in a lawsuit arising from a workplace injury, they certainly can and will be used by Alford & Clark as evidence of negligence.
Like many other federal laws, OSHA does not override state laws that provide a higher level of protection for employees. Instead, OSHA sets a minimum floor that all private-sector employers have to meet. In Texas, many occupations have their own set of specific regulations, and you can count on Alford & Clark to review the state-level workplace safety and health laws that may apply to your case.
Workplace safety regulations can be be complex, and you need Alford & Clark in your corner when you go up against the powerful corporations and insurance companies.
If you are injured on the job, the remedies that you will be able to seek will depend largely on whether or not your employer maintains workers compensation insurance.
If your employer has workers’ compensation insurance, you may be prevented from suing your employer because Texas law provides that recovery of workers’ compensation benefits is the exclusive remedy of an employee covered by workers’ compensation insurance coverage against the employer for the death of or a work-related injury sustained by the employee.
However, in especially egregious cases of employer and co-worker recklessness or intentional acts that tragically end in death, even when there is Workers’ Compensation coverage, the surviving spouse and children of the deceased employee are still allowed under the Texas Workers Compensation Act to bring a suit to recover exemplary damages from the employer. Those exemplary damages are designed to punish wrongdoers, rather than to compensate you for what you have suffered.
On the other hand, if an employer was a non-subscriber at the time of the accident, Texas law allows the employee to bring a lawsuit against the company to recover for personal injuries or death sustained by the employee working in the course and scope of the employment, and the law will bar that employer from arguing the following defenses: (1) that the employee was guilty of contributory negligence by failing to act prudently, (2) that the employee assumed the risk of injury or death, and (3) that the injury or death was caused by the negligence of a fellow employee.
At Alford & Clark, we will track down every source of compensation available to help you recover after an accident and will help you identify any individuals or companies in additional to your employer who may be responsible for your damages.
Call us now for a free, confidential consultation. Our construction accident attorneys are on call – 24/7 – and are happy to answer any questions absolutely free of charge. If you decide to hire us, you will never pay us out of your own pocket. Our attorney fee is only a percentage of case winnings, so there is zero risk to you. If we don’t win, no matter how much we spent fighting on your behalf, you will never owe us a dime. We only get paid when we win your case.