After A Work Injury, OSHA Will Not Help You With Your Case
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After A Work Injury, OSHA Will Not Help You With Your Case
You are probably familiar with the federal Occupational Safety & Health Administration (OSHA). This agency develops, disseminates, and enforces regulations regarding workplace safety in order to promulgate and maintain minimum workplace safety standards for American workers. Although the goals and aspirations of this agency are admirable, the key term here is “minimum”. Like many federal agencies involved in your welfare, OSHA is underfunded and understaffed. So, oftentimes, it can’t be relied upon to ensure minimum levels of workplace safety, let alone intervene on your behalf in your individual case. OSHA simply lacks the manpower. More information our San Antonio Workers Comp Lawyer here
In fact, many employees are able to coast under the radar and maintain workplace safety standards well below the mandated minimum because they know there’s a good chance they will never be caught for their failure to comply with the standards. Even when caught and fined for the transgressions, the amounts of the fines were established years ago and haven’t kept pace with inflation and profits. Therefore potential fines do not give sufficient financial motivation for all employers to keep up with workplace safety mandates. The fines are often so minimal, it seems to make financial sense for many businesses to take the risk, pay the fine, and upgrade later. More information our San Antonio Work Injury Lawyer here
OHSA, because of its budgetary and staff limitations, is more of a reactive than a proactive agency. Because of its lack of manpower to investigate all non-compliant employers in advance, OSHA often can’t prevent workplace injuries before they occur. OSHA investigators generally do not visit a workplace until after an accident takes place. They may fine the employer several hundred or a few thousand dollars and write a report detailing the accident in terms of federal workplace non-compliance issues and what the employer has done to correct its safety lapses. This report information is intended strictly for use at higher OSHA levels and not for any bearing it may have on your individual case. The report is designed to help stop further workplace problems or make note of potential problems, and to suggest regulatory solutions. At most, the report will document the employer’s compliance failures and corrections, and used to fine those employers who refuse to comply with federal standards.
Yet many workers believe they still can rely on OSHA to help them win their cases or workers’ compensation claims against negligent employers that have caused their injuries. Sadly, this is incorrect. The focus of OHSA is simply trying to ensure the overall maintenance of safe workplace standards nationwide, not to serve individuals in their workplace safety-related injury matters. OSHA honestly isn’t concerned with specific workplace accidents or whether the victim is fully compensated for injuries or losses. So OSHA reports are typically very broad in scope and terms, and of little use whatsoever in helping you establish the finer points of your case. As a federal agency, serving a broader national purpose, OSHA doesn’t want to be involved in local matters. The reports are not intended to hurt you, yet they can rarely serve your purposes in a personal injury case where you are trying to prove employer liability for your accident.
In summary, OSHA cannot help you obtain justice in your personal injury or wrongful death claim the way an experienced non-subscriber injury attorney can. Only a competent Texas accident lawyer like those of our Law Offices can help secure the compensation you are justified in receiving after a workplace injury in Texas. So don’t rely on OSHA to help you, but consult with your own workplace injury attorney as soon as possible after your accident to make sure your claim and its specifics are preserved. Your future is too important, not to call.
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