OSHA labor law violations are more common than many realize, and they can lead to devastating consequences. For instance, in 2022, there were 5,486 fatal work injuries in the United States.
When employers fail to uphold these standards, they put employees at risk of lasting injuries and health issues. Yet, many workers hesitate to take action, often out of fear of retaliation or uncertainty about their rights.
Legal support can hold employers accountable, paving the way for safer conditions for you and your coworkers. Furthermore, a skilled attorney can guide you through the claims process and maximize your compensation.
Don’t wait until medical bills pile up, you face retaliation, or you’re stuck in a cycle of unsafe working conditions. Discover when calling an attorney will help protect your health, rights, and future.
OSHA Labor Law Violations that Justify Calling an Attorney
Severe or Life-Threatening Injuries
Beyond the immediate pain, a severe injury jeopardizes your ability to return to work soon, if ever. As medical bills pile up and the path to recovery stretches ahead, you’re left wondering how you’ll manage financially. Consulting an attorney becomes essential to get through the claims process and secure the compensation you deserve.
Some of the more common life-threatening injuries in the United States include:
- Suffering severe burns from chemical exposure due to inadequate safety training.
- Experiencing permanent back injuries or paralysis from faulty equipment.
- Developing respiratory issues after prolonged exposure to hazardous substances.
- Enduring severe injuries from a fall, electrocution, or machinery malfunction.
Employers must maintain a workplace free from hazards that can cause death or injury. The Occupational Safety and Health Act (OSH Act) requires this under the General Duty Clause (§5(a)(1)).
The OSH Act also gives employees the right to file a complaint with OSHA (§8(f)(1)) and request a federal investigation. An attorney can help you thoroughly document the incident and complete timely filings to strengthen your case.
Employer Retaliation for Reporting OSHA Violations
Have you reported a significant safety issue, like exposed electrical wiring, to your supervisor?
Days after OSHA gets involved, things may have started to start to shift. You notice your hours are cut, you’re reassigned to less desirable tasks, and your supervisor’s attitude changes. Eventually, you may even receive news that your position is no longer required.
Federal law offers protections against employer retaliation, though proving it can be challenging. This is where an attorney’s experience becomes essential, helping protect your rights and guiding you toward the remedies you deserve. Ask us for a referral today if you have experienced one or more of the following:
- You are demoted, reassigned, or given unfavorable work shifts after raising a safety concern.
- Your employer issues disciplinary actions or makes unfounded complaints against you after you report unsafe conditions.
- You experience harassment, intimidation, or a hostile work environment following your OSHA complaint.
- You receive a notice of termination or a layoff shortly after engaging in whistleblower activities.
- Your employer pressures you to retract a complaint or refuses to let you communicate with OSHA inspectors.
The OSH Act specifically prohibits employers from retaliating against workers for reporting OSHA violations (§11(c)). If you suspect retaliation, an attorney can help file a whistleblower complaint within the 30-day window required by law.
Moreover, an attorney can leverage additional federal protections, such as the Whistleblower Protection Act. They can also assist in navigating the legal process if OSHA’s initial findings aren’t favorable, potentially advocating for you in an appeal.
Complex OSHA Labor Law Non-Compliance Issues
Manufacturing employees may discover protective equipment is in short supply or poorly enforced safety procedures. Unfortunately, even multiple complaints may fall on deaf ears and leave everyone vulnerable. These cases often require a legal intervention to hold employers accountable for:
- Persistent failures by an employer to provide required safety training or personal protective equipment (PPE).
- Ignoring repeated OSHA citations or failing to correct known safety violations.
- Leaving systemic safety issues, such as blocked emergency exits or malfunctioning safety alarms, unaddressed.
- Chronic exposure to hazardous materials without adequate ventilation, protective gear, or training.
- Instructions from management to bypass safety protocols to speed up production or reduce costs.
The OSH Act requires employers to comply with OSHA standards and regulations that promote workplace safety (§5(a)(2)). Attorneys can request that OSHA conduct a “willful” or “repeat” violation investigation if the employer has previously ignored similar safety requirements.
Attorneys familiar with OSHA compliance can identify all relevant standards violated by the employer. They will document and create a comprehensive complaint that highlights both immediate and long-term risks.
Denied or Inadequate Workers’ Compensation Claims
Imagine you suffer a back injury from heavy lifting at work, and your doctor recommends surgery and extended time off for recovery. You file a workers’ compensation claim expecting to receive medical coverage and lost wages. However, you receive a denial of your claim.
With your health and financial stability on the line, navigating a denial on your own can feel overwhelming and unfair. In these cases, an attorney’s expertise can make a critical difference when:
- Workers’ compensation only partially covers medical expenses, leaving out physical therapy or long-term care needs.
- You receive inadequate compensation that fails to cover lost wages or future lost earnings due to permanent disability.
- An insurer denies the claim, disputing that the injury was work-related or necessary for immediate medical attention.
- Your employer refuses to report the injury to their insurance provider, preventing you from filing a claim.
- The workers’ compensation process gets delayed due to insurer disputes or complex injury documentation requirements.
Federal OSHA regulations require that employers accurately document all workplace injuries and illnesses (§1904). When an employer or insurer disputes a claim’s validity, an attorney can use those records to demonstrate a pattern of unsafe conditions.
Labor law lawyers also have connections to obtain medical opinions to counter pre-existing condition claims. Moreover, they will negotiate settlements for long-term injuries, and ensure you receive all required benefits.
Don’t Take Chances with Your Health and Rights
An experienced attorney can protect your health, rights, and finances. With expertise in OSHA standards and workers’ compensation, they can ensure you get fair compensation and help correct safety hazards in your workplace. Their support not only benefits you but also promotes a safer environment for everyone.
We can connect you to local legal help! We’ve assisted over 5 million people in the United States in finding the legal counsel they need. Complete this easy form on our site or call (866) 345-6784 today!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
