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Fort Worth workers who have continued to stay on the front lines during the coronavirus pandemic have found themselves getting sick and injured because of unsafe conditions at work. Warehouse workers, meatpacking plant workers, grocery store workers, and healthcare workers have all faced lacking protective equipment, unsafe conditions, and close quarters with customers and other workers who could spread COVID-19 to them or cause other injuries.
Many of these unsafe workplace conditions violate OSHA regulations, particularly section 5’s general duty to provide a safe workplace. If you or a loved one was injured or a loved one died because of coronavirus or other injuries sustained during the pandemic, call The Queenan Law Firm today. Our Fort Worth attorneys for injuries caused by a violation of 29 U.S.C. § 654(a)(1) (OSHA section 5) offer free legal consultations to injured and ill workers and their families. Call us today at (817) 476-1797.
Fort Worth Attorneys Representing Victims of COVID-19 and Injuries from OSHA General Duty Violations
Nearly all workplaces across the country, including those in Fort Worth, TX, are governed by OSHA regulations. OSHA is the Occupational Safety and Health Administration of the U.S. Department of Labor, and its regulations under 29 U.S.C. § 654 (part of the OSHA Act) are designed to keep workers safe. The general duty listed in section 5 of this Act requires employers to furnish safe work environments, which would include a requirement to provide reasonable safety gear and necessary personal protective equipment for workers.
“Essential workers” during the coronavirus pandemic often find themselves working without the personal protective equipment (P.P.E.) they need, such as facemasks, gloves, plexiglass screens at registers, face shields and gowns for hospital workers, and other safety necessities. Without this P.P.E., the workplace is unsafe and might violate OSHA section 5 requirements.
Other workers face dangers from everyday safety risks if their employers allow safety enforcement to slide during the pandemic. This could mean more and more section 5 violations from unsafe conditions at work or unsafe conditions caused by understaffed workplaces. For instance, warehouse workers might not be able to lift with a partner or have someone spot them on a ladder if too many workers are sick or absent from work. Without these safety conditions, a workplace could be patently unsafe.
If your employer required you to work in unsafe conditions, and it led to coronavirus or injury, you might be entitled to sue them in court. Our attorneys can help.
Lawsuits for COVID-19 and Injuries Caused by 29 U.S.C. § 654(a)(1) Violations at Work in Fort Worth
Many workers in Fort Worth and across Texas are entitled to sue their employers for unsafe conditions in the workplace. Some workers are tied into the workers’ compensation system in Texas, but workers who opted out of this system usually retain the right to sue their employer for negligence. Talk to an attorney about your right to sue.
If you can sue, you must first prove that your employer was negligent to get the compensation you need. A negligence lawsuit against an employer for workplace injuries or illness is based on four main factors:
- You must show the employer owed you a duty.
- You must show the employer breached that duty.
- You must show the breach of duty caused your injuries or illness.
- You must show that the effects you faced include damages the court can compensate you for.
Duty
Your employer’s duty in this case is provided the general duty under OSHA Act section 5. Other sections of the OSHA Act might also provide other requirements your employer should have followed, and our attorneys can search through OSHA regulations to find other relevant duties.
Breach
Evidence of the unsafe conditions in your workplace – such as a lack of masks or protective plexiglass screens – would supply evidence of the breach of duty. Lacking policies or enforcement at work could be additional evidence that your employer was the party who directly breached this duty, not just coworkers.
Causation
To prove that the breach of duty actually caused your injuries or illness, you might need to show that you did not catch coronavirus from someone else. If it is most likely that your coronavirus came from a coworker or customer at work, you might be able to prove that it was your employer’s negligence that led to your illness. In a lawsuit for other injuries, you would similarly need to show that those injuries occurred at work, not at home.
Damages
Lastly, you will need to prove the damages that your illness or injury caused. This could include hospital bills, lost wages, and pain and suffering for most injury or illness cases. If your loved one passed away because they caught COVID-19 in unsafe conditions at work, you might be entitled to additional damages. This could include the cost of their ongoing lost wages, burial and funeral costs, end-of-life pain and suffering, end-of-life medical care, lost household services, and lost companionship, among other damages. Talk to an attorney today about what your case might be worth and how to get the damages you are entitled to.
Call Our Fort Worth Lawyers for Workers Injured by OSHA Section 5 Violations at Work
If you or a loved one was injured at work or contracted the coronavirus because of unsafe work conditions, call The Queenan Law Firm today. These unsafe conditions, lacking P.P.E., or safety issues caused by low personnel counts could be considered breaches of 29 U.S.C. § 654(a)(1). As such, you might be entitled to sue your employer for the damages this violation caused you. Call our Fort Worth attorneys for injuries caused by a violation of 29 U.S.C. § 654(a)(1) (OSHA section 5) today to set up a free legal consultation to learn more about filing a lawsuit for your own injuries and illness or the death of a loved one caused by workplace COVID-19 complications or workplace injuries. Our phone number is (817) 476-1797.