What if My Employer Failed to Abide by Safety Regulations?
Whether you work in the construction industry or you are expected to sit behind a desk, it is your employer's responsibility to ensure that you are provided with a reasonably safe environment. This means that they must comply with all applicable safety regulations, which generally include those that have been enacted by the U.S. Occupational Safety and Health Administration (OSHA). According to the General Duty Clause of the OSH Act, employers must "keep their workplace free of serious recognized hazards."
Should they fail to do so, it would be their responsibility to compensate any of the workers that are subsequently injured. Typically, this would be done through a workers' compensation claim, but since this system is elective in the state of Texas, the employer may be personally liable for providing damages.
If you were negligently injured on the job because your employer had failed to abide by certain safety regulations, it is important to understand what your options would be. While workers' compensation benefits could provide you with reimbursement for the cost of your medical treatment and a percentage of your lost earnings, your employer may have elected not to carry this form of insurance. If they have waived this right, however, it means that they could be held accountable for their negligent actions—as they would have otherwise been protected from civil liability if they had chosen to procure workers' compensation coverage on behalf of their employees. By knowingly or carelessly failing to abide by safety regulations, your employer has failed to provide you with the reasonably safe work environment that you are entitled to.
As a result, you would have a legitimate reason to claim that they were negligent in upholding their duty of care. By pursuing a personal injury lawsuit for the harm that you have suffered, you would be able to seek compensation for a wide array of damages—including non-economic losses that typically wouldn't be covered by workers' compensation benefits.
To ensure that you have the best possible chance of securing the level of compensation that you deserve, however, the dedicated legal team at Lenahan Law Firm encourages you to discuss your case with one of our Dallas personal injury lawyers as soon as possible. In doing so, you would have the opportunity to explore your options and decide upon a practical course of action under the advisement of a qualified professional. All you have to do is pick up the phone and give us a call.
When you contact our firm at (888) 828-5630, your initial consultation is free! You can also fill out a complimentary case evaluation form if you would prefer to reach us online.