OSHA Violations in West Virginia, Ohio and Kentucky
Helping employers confront the legal implications of workplace safety
Regulations promulgated by the Occupational Safety and Health Administration (OSHA) and similar state agencies address nearly every aspect of workplace safety , including major concerns like noise levels and the use of railings and guards and less obvious issues like light levels and ergonomic office furniture. In addition to fines and penalties levied by the enforcing agency, noncompliance with these regulations can also play a substantial role in various types of civil litigation. But as experienced defense litigators, our attorneys at Pullin, Fowler, Flanagan, Brown & Poe understand how plaintiffs’ attorneys use safety regulations in litigation and can offer a strong. compelling response for employers, insurance companies and other businesses throughout West Virginia, Ohio and Kentucky who make up our base of satisfied clients.
Safety violations in workers’ compensation cases
Because workers’ compensation benefits are payable regardless of fault, OSHA violations usually do not figure in to routine claims litigation. Alleged violations of state and federal safety regulations can, however, lay the groundwork for a claim of serious and willful misconduct on the part of the employer. These types of claims expose the employer to direct civil liability and are usually not covered by workers’ compensation insurance. This means that an employer facing this type of allegation stands to lose substantial money without an effective legal defense.
Safety violations in other types of claims
Much in the same way a violation of a traffic law can be compelling evidence in an auto accident case, a provable and relevant violation of a safety regulation can be detrimental to companies facing injury claims outside the workers’ compensation framework. This can include cases involving independent contractors or other non-employees who perform work for a business. When an accident occurs involving such a worker, your business may be directly liable if it was negligent and if that negligence caused the injury. Proving that a relevant violation of OSHA or other safety regulations occurred is often compelling evidence of negligence.
Our attorneys at Pullin, Fowler, Flanagan, Brown & Poe handle numerous cases involving allegations of OSHA and other safety regulations. We understand what these rules require and have access to respected industry experts who can analyze the propriety of your company’s safety practices and determine if violations occurred and whether those violations had a causal connection to the alleged injury.
Pullin, Fowler, Flanagan, Brown & Poe understands how safety regulations impact litigation
Pullin, Fowler, Flanagan, Brown & Poe defends businesses throughout West Virginia, Ohio and Kentucky in cases involving allegations of safety violations. Call us at 304-344-0100 or contact us online to begin a relationship with a law firm that is nationally recognized for experience and quality while remaining dedicated to its community and employees.