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Especially during hard times like those caused by the coronavirus pandemic, it is important to families that their working adults keep their jobs and maintain a steady income. In cases where workers are injured on the job, they might be unable to go back to work and could have trouble providing wages for their families. If you were injured by a workplace hazard caused by an OSHA violation, our Texas attorneys for work injuries caused by OSHA violations from coronavirus (COVID-19) might be able to help.
The Queenan Law Firm represents injured workers and fights to get them compensation in lawsuits against their employers. If your employer dangerously loosened safety standards during the COVID-19 outbreak and those loose standards caused your injuries, call us today. You might be entitled to substantial compensation. To schedule a free legal consultation, call us today at (817) 476-1797.
Injuries from Workplace OSHA Violations During the Coronavirus Pandemic
In some industries, the circumstances of the coronavirus pandemic have caused increased safety risks. In some of these cases, the existing OSHA standards cannot keep up with the reality of the situation, and employers might be excused for reasonably increased safety risks on the job. However, most industries that are continuing to work during the outbreak are still held to the same safety standards they would normally be held to. This means that OSHA violations and other safety violations would still be just as dangerous during the COVID-19 outbreak as they would be during more normal times.
If your employer allowed simple OSHA requirements to go unmet, you and other workers could be at risk. Some OSHA standards are incredibly simple to follow and must be met to allow a safe workplace. Standards regarding handrails and lighting are some of the simplest examples of OSHA regulations that employers should not be excused from following during the pandemic.
Some OSHA regulations deal with issues that directly affect what employers should do to help prevent injury and illnesses like COVID-19 and the changing circumstances of how workers interact with customers, clients, and patients. In some cases, violations of these regulations might also be held against employers.
Potential injuries from OSHA violations at work could include illness from COVID-19 or physical injuries like back injuries, broken bones, strains, and sprains. They could also include chemical exposure injuries, burns, and electrocution, as well as other injuries.
Suing an Employer for OSHA Violations During the CODIV-19 Epidemic
If you were injured because of a workplace safety violation, you might be entitled to sue your employer. Workers’ compensation rules in Texas allow workers to file no-fault claims for work injuries if they have workers’ compensation coverage at their job. If you opt out of workers’ comp. coverage, you might be able to sue your employer for injuries instead. If you did not opt out, you might still be entitled to sue a third party, such as the manufacturer of a defective or dangerous piece of equipment.
When you sue your employer, you must prove what they did to cause your injuries. In many cases, the violation of an OSHA regulation or some other safety regulation can be used as evidence of negligence. The regulation your employer violated does not have to be an OSHA violation, specifically; violations of state or local regulations could also be evidence of negligence.
If your employer’s breach of an OSHA duty caused your injuries, you can usually file a claim for any damages related to the injury. In a lawsuit, this includes damages for the full value of any lost wages as well as the cost of medical care and pain and suffering damages. If you file a workers’ comp. claim instead, you might be limited to only 2/3 of your lost wages and medical care might only be covered through an approved doctor. You also cannot usually claim pain and suffering damages in a workers’ compensation claim. This means that the best way to claim maximum damages is often through a lawsuit.
How Much is a Work Injury Lawsuit from Coronavirus OSHA Violations Worth in Texas?
The damages you can claim in your case will depend on how much you suffered in actual damages. The cost of your medical care will depend on how serious the injury is, with many permanent or long-term injuries requiring ongoing treatment and medical expenses. If your injury is so severe that it keeps you out of work, it lead to expensive periodic care costs. Injuries that keep you out of work will also mean lost wages. If the injury keeps you from returning to work or requires you to take a lower-paying job, you can usually claim damages for the lost earning capacity you face.
Damages for pain and suffering vary from injury to injury and from person to person. More serious injuries often lead to higher damages for pain and suffering. Specific facts about how the injury affected your life and your enjoyment of activities can also help show the court that your pain and suffering is severe. Part of calculating pain and suffering damages means looking at the way the injury affected you mentally and emotionally as well as physically.
Your lawyer can help you calculate these damages. If your employer offers to settle the case out of court, your lawyer can also help you determine whether or not the settlement is fair.
Call Our Lawyer for Injuries from COVID-19 OSHA Violations in Texas
Opportunistic employers who use the coronavirus pandemic as an excuse to ignore OSHA regulations or other safety regulations should be held accountable for injuries they cause at work. For help with your injury case, call The Queenan Law Firm today. Our Texas attorneys for work injuries caused by OSHA violations from coronavirus (COVID-19) offer free legal consultations. Call us today at (817) 476-1797.