Workplace Accidents | Lenahan Law Firm Blog
Few people are aware of how much they owe the Fair Labor Standards Act. However, this 83-year-old piece of legislature is the bedrock for workers’ rights in America. Without it, employees would still be making pennies an hour, working gruelingly long shifts, and barely bringing home enough money to feed themselves or their families.
A Brownsville man fell off an oilrig and suffered fatal injuries in late February, due to an undisclosed problem with the cabling. While this might seem like a unique and tragic accident, it is actually one incident in a string of many throughout Texas. Working for an oil or gas company in the state has become notoriously dangerous as oilrig and oilfield injuries and fatalities continue to be a frequent problem. Even driving an oil truck has become considerably dangerous as trucking accidents are often reported.
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.