How OSHA Violations Can Strengthen Your Workers’ Comp Claim

When you’re hurt at work, you are suddenly thrown into a process you probably never expected to navigate. With workers’ compensation, you need to present the strongest claim possible to get approval, and that means submitting paperwork, medical documentation, and other small details.

However, one piece of that puzzle that often gets overlooked and could be helpful in these situations is OSHA violations.

If your employer was not following the safety standards set by the Occupational Safety and Health Administration (OSHA), that can give your workers’ comp claim more credibility and support. It is a powerful piece of evidence in your corner.

Here is how OSHA violations can strengthen your workers’ comp claim.

What Does OSHA Do?

OSHA is the federal agency responsible for setting and enforcing workplace safety rules. In a way, they make the rulebook for job site safety. These regulations cover a range of topics, including protective equipment, hazard communication, and machine guarding.

Employers have a legal obligation to follow these rules. When they fail to do so, and an injury happens, that’s a documented safety failure. And that can work in your favor when you are seeking benefits.

If Workers’ Comp Is “No-Fault,” Is Evidence Still Needed?

Workers’ compensation is a no-fault system. With that, you do not have to prove your employer did something wrong to receive benefits. So, if you are injured at work while performing your duties, you are most likely covered.

But that does not mean your claim will go through without hurdles. Employers and insurance carriers may still dispute your injury. They may question whether it was work-related or minimize the seriousness of it. This is where OSHA violations can help with your claim.

Evidence of a safety violation can strengthen your credibility. Additionally, it can support your version of events and counter attempts to shift blame onto you.

How Do OSHA Violations Strengthen a Work Comp Claim?

When OSHA finds that an employer violated safety standards, they get more than a slap on the wrist.

This is a formal acknowledgment that the workplace was not as safe as it should have been. That acknowledgment can help you in several ways, such as:

• Establish unsafe conditions: OSHA citations serve as official evidence that hazards existed.
• Refute employer defenses: If your employer tries to blame you, a documented safety violation shifts focus back to their legal duty to provide a safe environment.
• Boost your evidence: OSHA records support your description of how the accident occurred.
• Increase settlement leverage: Insurance companies may be more likely to negotiate fairly when there’s clear proof of a violation.

How to Use OSHA Evidence in Your Claim

If you think an OSHA violation contributed to your injury, you want to act right away.

Here’s what you can do:

• Document everything immediately: You want to take photos of the area where you were hurt, the condition that caused the injury, and your injuries themselves. Even notes about what happened and who was there can be valuable.
• Request safety records: Employers are required to maintain OSHA injury and illness logs (known as OSHA 300 logs). These can give you a paper trail of safety issues.
• Consider filing a complaint with OSHA: Workers can file confidential complaints if they believe their employer is not following safety rules. If OSHA investigates and issues a citation, that documentation can support your case.
• Work with an experienced workers’ comp attorney: A lawyer can help you obtain OSHA records, connect the dots between the violation and your injury, and make sure that evidence is properly presented.

Acting quickly gives you the strongest chance of using OSHA violations in your claim.

Limitations to Remember

You need to know what an OSHA violation can and cannot do for your workers’ comp claim.

In most states, workers’ comp benefits are limited to medical bills, lost wages, and certain disability payments. That means you cannot sue your employer for negligence in addition to filing a workers’ comp claim.

However, OSHA violations can still play a big role in making sure you are not denied or underpaid benefits.

In some states, a “serious and willful” violation of safety rules may entitle you to increased benefits.

In cases where a third party (like a contractor or equipment manufacturer) was responsible for the hazard, OSHA evidence may also support a separate lawsuit against that party.

Because laws vary, you’ll want to get legal advice to understand all your options.

Getting the Right Legal Help for Your Workers’ Comp Claim

OSHA violations do more than highlight unsafe workplaces; they can also strengthen your workers’ comp claim. You can use safety violations to support your right to benefits. Many times, that can make a real difference in how quickly and fully you get the benefits you need.

If you want to learn more about applying for workers’ comp benefits or find the resources in your area, Work Injury Advisor is here to help.