You have the right to work in an environment that protects your health and safety. Safety standards are put in place for a reason, and when they are violated, serious injury or even death can result. If you believe that you were injured at the workplace due to an Occupational Health and Safety Administration (OHSA) violation, we may be able to help. At Therman Law Offices, our seasoned Wheaton and Schaumburg workers’ compensation attorneys are committed to assisting injured workers in seeking the benefits and compensation they deserve. We are here to answer your questions and address your concerns throughout the entire legal process.OHSA Violations
OHSA is the federal agency that regulates workplace safety and health. OHSA laws are designed to keep worksites safe and protect employees from on-the-job injures; inform workers about their OHSA rights; provide necessary safety training; and provide access to medical exposure records. In an effort to enforce safety standards, OHSA performs periodic safety inspections to ensure that employers are in compliance.
Sadly, construction sites around the county are routinely cited for violating OHSA’s strict safety standards. Dubbed the “Fatal Four” by OHSA, violations relating to the following account for more than 60 percent of construction fatalities: falls, electrocutions, being struck by an object, and being caught in/between equipment.The Illinois Workers’ Compensation Act
With a few exceptions, most Illinois employers are required to carry workers’ compensation insurance to cover their employees. For workers who are covered, any injury arising out of your employment that occurs during the course of your employment is covered under the Workers’ Compensation Act. The Act requires employers to pay the medical expenses of the injured workers and pay temporary total disability (TTD) while the worker is not able to work. TTD is two-thirds of an injured worker’s average weekly wage. For workers who are injured but can still work on a part-time basis or light duty, an employer may pay temporary partial disability benefits for the difference in wages from the time preceding the injury.Liability for OHSA Violations
OHSA violations generally refer to anything that violates the standards and regulations set forth by OHSA and the Illinois Department of Labor. Violators of OHSA are expected to correct unsafe workplace conditions. Some violations are minor and can be easily corrected while others are much more severe and may result in hefty fines. In other situations, when OHSA violations take place, it may lead to a criminal or civil action against the company or owner of a business. If there are multiple violations, the worksite may be shut down altogether.
If you have been injured because your employer violated an OHSA safety regulation, you may be entitled to compensation. For example, if a carpenter fell from the top of a two-story house and suffered injuries, the general contractor may be liable for an OHSA violation if he or she failed to enforce OHSA fall protection rules on the worksite.
Employers will often try to shift the blame for an injury on the injured workers in an attempt to escape liability. This is why it is wise to have an attorney thoroughly examine the facts of your case. We have extensive knowledge about OHSA violations and will consult a wide range of experts who can address safety requirements at various job sites. By understanding whether or not there were OHSA violations, we can determine the most appropriate legal strategy to pursue when filing a claim.Skilled Wheaton and Schaumburg Attorneys for Workers’ Compensation Claims
OHSA violations in Illinois pose a direct danger to workers. If you have been injured in a workplace accident in Wheaton or Schaumburg and you believe that it was because of an OHSA violation, an experienced workers’ compensation lawyer can evaluate your potential claim. We are dedicated to helping injured employees pursue full and fair compensation in their case. We proudly represent clients from Norwood Park, Harwood Heights, Edison Park, Norridge, Park Ridge, Des Plaines, Rosemont, Elmwood Park, Elk Grove Village and Mt. Prospect. Call us today at 312-588-1900 or contact us online.