How Do OSHA Violations Relate To Connecticut Workers’ Compensation?

The Occupational Health & Safety Administration (OSHA) is a federal entity which governs the regulations surrounding worker safety. It works to ensure that one’s workplace is “safe and healthful” and standards of hygiene & safety are observed, and also provides training and guidance to those who require it. The state of Connecticut has its own state counterpart, referred to as CONN-OSHA, and at both agencies, violations of their respective governing laws are taken quite seriously. If an employee is injured at work because of an alleged OSHA violation, the methods for seeking compensation can be a bit confusing, but it is possible to recover.

Normally, when an employee is injured on the job, they report the injury to their employer within a certain time frame and receive medical treatment for the injury until they are able to return to work (if that day arrives). In Connecticut, nearly every employer is required to carry workers’ compensation coverage, so the employee does not have to worry about not receiving benefits as long as their claim is sound.  For more information, click here

If your injury was caused by an OSHA violation, know that you have the right to report that violation, which will sometimes force an OSHA inspection of your employer’s premises. Connecticut is what is known as a State Plan state, and in 2019 (the most recent available data), OSHA logged over 42,000 inspections in those states. That said, you will not receive any kind of monetary compensation from OSHA for reporting.

One of the reasons why people still seek to report OSHA violations, though, is that proof of violation from the federal entity can be used as evidence in a proceeding for negligence or intentional tort. In other words, if there is a chance to mount a negligence action against a third party who caused your injury, or an action for intentional tort against your employer, you will not have to prove that your injury occurred due to a violation of OSHA – it will already be proven.

Workers’ compensation is the exclusive remedy for an injured employee in Connecticut, which means that in general, an employee cannot sue their employer over a work injury. There are exceptions to this rule, but they are rare – one is intentional tort, where an employer engages in “willful, wanton, or reckless” conduct that leads to the employee’s injury. Another is when a third party is involved in your work injury, which may allow for a personal injury claim against them. Either way, you may be able to recover in either of this type of action, depending on the specific facts of your case.

Contact A Stratford, CT Workers’ Compensation Claim

While many workers’ compensation claims are fairly straightforward, some simply are not, and if an OSHA violation played a role, your claim can become more complex still. Seeking out a Stratford workers’ compensation attorney can help to make the path before you much more clear. The Morizio Law Firm has handled many of these cases before, and will work hard to give you the best chance to prevail in yours. Call our offices today at 475-338-3505 for a free consultation.

Sources:

osha.gov/data/commonstats

wcc.state.ct.us/download/acrobat/Info-Packet.pdf