OSHA Violations and Workers’ Comp Claims

Be aware that an OSHA violation can be used against an employer in an injured employee’s workers’ comp claim. If OSHA determines that a workplace injury resulted from a safety violation, it could provide the basis for a “serious and willful misconduct” claim in the workers’ comp case, which can lead to hefty penalties for the employer that are not covered by workers’ comp insurance. If a workplace injury results in an OSHA citation, be sure to consult with competent legal counsel right away.

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