If you are injured while on the job, you usually have the right to file a claim under North Carolina’s workers’ compensation system. Unfortunately, the amount recoverable in the workers’ compensation system is minimal – sometimes limited only to medical expenses and 2/3 of past and future diminished earning capacity. In some circumstances, however, a workplace injury can give rise to a claim against someone other than your employer. For example, if you are the employee of an independent contractor performing labor at someone else’s place of business, and you are injured as a result of the land owner’s negligence, you may have a workers’ compensation claim against your employer and a negligence claim against the business. These types of negligence claims often involve violations of Occupational Safety and Health Administration (OSHA) rules and can be very complex. For that reason, it is important that if you are seriously injured in such an accident, you immediately contact an OSHA violation injury attorney at Maginnis Law at 919.526.0450. You may also send questions and/or the details of your claim using our confidential contact page.
According to its website, OSHA is “the main federal agency charged with the enforcement of safety and health legislation.” OSHA has published rules for any number of work place environments and activities. While the violation of any particular OSHA rule does not automatically mean that you have proven negligence, it is very strong evidence that the responsible party breached owed a duty to you. This is an important step in showing negligence and recovering fair compensation. In cases involving serious injuries, Maginnis Law can assist you by aggressively litigating your claim and retaining experts on OSHA violations and the specific activity involved. For example, if you are injured in an electrical accident, we can help you obtain experts in accident reconstruction, OSHA, and electrical work.
In cases that require an OSHA violation injury attorney, the injuries are often dramatic and sometimes even involve death. The heavy machinery associated with the workplace can cause life changing injuries. Construction accidents are most common, but injuries can also occur at factories, quarries, and other facilities. Folks that are commonly injured in such accidents include electricians, plumbers, carpenters, factory workers, and others. Whether you’re injured in a crane accident, explosion, fire, or other incident, you are entitled to fair and reasonable compensation. Crucial evidence can be lost if you do not immediately retain counsel to investigate the incident. Unlike automobile accidents, the government does not always immediately investigate the incident and identity witnesses and documents of use.
The damages recoverable in an OSHA violation claim include past and future medical expenses, full past and future lost wages, compensation for physical and mental pain and suffering, and compensation for permanent disability. If the conduct was outrageous enough, you may also be entitled to punitive damages. These damages are not awarded to compensate you for any particular harm but serve as a punishment and deterrent for the defendant. They are awarded by the jury as a sign to the rest of the community that the conduct of the defendant was unacceptable.
If you have been injured as a result of an independent contractor’s negligence, including a violation of any OSHA rule, contact an OSHA Violation Injury Attorney at 919.526.0450 or by using our contact page. Our firm handles OSHA violation claims on a contingency basis, including cases in Wake County, Johnston County, Lee County, and Henderson/Vance County. This means you pay no legal fees unless and until we obtain a verdict or settlement on your behalf. Maginnis Law also offers free consultations and will travel to meet with you if necessary.