In the event of a personal injury, the most common basis whether your employer is liable is their capacity to follow the OSHA laws. OSHA, otherwise known as Occupational Safety and Health Administration is the institution established by the US government which is in compliance with the Department of Labor. Their main goal is to ensure the health and safety of employees in a workplace. They are tasked to help avoid work-related deaths, injuries, and diseases.
Upon the filing of a complaint, the company will be under the scrutiny of OSHA to make sure that:
- The employer followed health standards that allow workers to be physically fit in the workplace
- The workplace also follows safety standards based on the location and construction of the workplace
- The employer is able to provide safety equipment for high-risk workers and have given appropriate training.
Some companies may insist that they have followed OSHA’s standards to avoid liability. In this situation, how can you make sure that you can file a claim? According to Winters & Yonkers, it is still possible to win a lawsuit despite following the agency’s standards. In this post, we will be looking into possible ways to still win a lawsuit against a company.
Can A Lawsuit Succeed Even When OSHA Laws Were Followed?
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When a company followed previous OSHA standards but is not updated with the current standards
It may be the case that your workplace attempted to follow certain old practices but neglected to update their standards in health and safety. The failure to follow the most updated practices may impose a risk for employees to have workplace-related injuries.
According to Winters & Yonker, it may be possible that your lawsuit can stand a chance by contesting that your company did not follow updated practices under their current operations.
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When a company fails to follow other ethical and moral standards provided by other agencies
Take note that it is not just OSHA that determines the standards that companies should follow in terms of operation. OSHA is only responsible for preventing workplace hazards, but there are other departments which are known to protect employee rights in other areas.
For example, you may have suffered a workplace injury, but your company failed to give you paid leave even after you filed for it. You can contest this as a part of your lawsuit, especially if the law in your area shows that companies need to give you certain amounts of sick leave. In this case, your lawsuit stands a chance from the perspective that the company has violated other laws.
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When a company does not bring in a representative to defend its case in court
When a lawsuit is viable, both parties need to provide a representative. If your company fails to provide a defense attorney against your lawsuit, it may be possible that you can win the case.
According to Winters & Yonker, both parties are duly informed of the lawsuit and will be given the respective dates that need to appear in court. When one of the parties do not attend in defense of the accusations, this may be a breach of an agreement which causes the judge to make decisions based on the outcomes.
To increase your chances of winning a lawsuit, find a reputable local lawyer who can address your specific needs.