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Fellows Hymowitz Rice — Your Trusted New City OSHA Rights Violation Attorneys
OSHA violations can lead to serious injuries and long-lasting consequences. If you've been injured at work in New York City or New York State, understanding your rights under OSHA is necessary, and you need a strong advocate to fight for you.
At Fellows Hymowitz Rice, we're not just OSHA violation lawyers; we're your advocates. We've seen firsthand how workplace injuries can upend lives, and we're driven to fight for the fair treatment you deserve. We understand the intricacies of OSHA regulations in New City and NYS, but we also grasp the human toll of unsafe working conditions.
Occupational Safety and Health Administration and Its Regulations on Workplace Safety
The Occupational Safety and Health Administration (OSHA) is a federal agency dedicated to ensuring safe and healthful working conditions for all Americans. OSHA's mission is to protect workers from serious injuries and illnesses caused by workplace hazards.
They achieve this by setting and enforcing safety standards for workplaces across the nation, covering a wide range of industries. These standards cover everything from fall protection and machine guarding to hazard communication and proper training.
The standards are rooted in the Occupational Safety and Health Act of 1970, which established the agency and its authority to protect workers. OSHA's regulations are designed to prevent workplace accidents and illnesses, ensuring a safer environment for everyone.
Employer Responsibilities and Employee Rights Under OSHA in New York State
New York State and New City employees have the right to a secure and healthy work environment, while employers are obligated to provide it. Understanding the specific rights and responsibilities outlined by the Occupational Safety and Health Administration is vital for both parties to work collaboratively and effectively.
Employees in New York have a number of rights under OSHA that ensure their safety and health in the workplace:
Work in a safe and healthful environment: Employees have the right to work in a safe and healthy environment, free from recognized hazards.
Whistleblower protection: Employees have the right to report unsafe conditions to their employer or OSHA without fear of being fired or otherwise retaliated against.
Receive safety training: Employees have the right to receive adequate training on the hazards of their jobs, how to work safely, and the use of safety equipment.
Access OSHA standards and other information: Employees have the right to access information, such as safety data sheets (SDS) for hazardous materials.
Participate in OSHA inspections: Employees have the right to participate in OSHA inspections and to raise concerns with OSHA inspectors.
Understanding your rights as an employee can help you identify when they have been violated and take action to correct the situation. Pursuing legal remedies not only gives you the opportunity to receive compensation but can improve workplace conditions for other employees.
Employers in New York have a fundamental responsibility to provide a safe and healthy work environment for their employees. This responsibility extends to various areas, including:
Provide a safe and healthful workplace: This includes identifying and eliminating known hazards, providing safe equipment, and using procedures to prevent accidents.
Comply with OSHA standards: Employers must comply with all applicable OSHA standards, which are specific to each industry and type of work.
Train employees on safety and health procedures: Employees must receive training on the hazards of their jobs, how to work safely, and the proper use of safety equipment.
Keep records of workplace injuries and illnesses: Employers are required to maintain records of all workplace injuries and illnesses, which OSHA can review.
Provide personal protective equipment (PPE) when necessary: Employers must provide appropriate PPE to workers, including hard hats, safety glasses, and gloves.
Investigate accidents and take action: Employers must investigate all accidents, identify the cause, and take steps to prevent similar accidents from occurring again.
If you believe your employer has failed to fulfill these responsibilities and you have been injured or exposed to unsafe conditions, you have the right to take action.
Protect Your OSHA Rights in New York State
Call personal injury lawyers at Fellows Hymowitz Rice for a free consultation. We can help you understand the legal road ahead after an injury and ensure you and your coworkers have a safe work environment.
Common OSHA Violations and Resulting Accidents in New City and New York State
New York State and New City, like many other areas, have a diverse range of industries, including construction, manufacturing, and healthcare. These industries often present unique hazards that can lead to workplace accidents and OSHA violations. Here are some of the most common types of workplace safety violations we see:
Fall protection: Violations related to inadequate fall protection equipment, training, and proper use of safety harnesses, guardrails, and other measures
Scaffolding: Violations related to improper scaffolding construction, inspection, maintenance, and use
Hazard communication: Violations related to the failure to provide employees with proper information about hazardous chemicals, including safety data sheets (SDS)
Personal protective equipment (PPE): Violations related to the lack of proper PPE and failure to ensure correct use
Lockout/tagout: Violations related to the failure to implement proper lockout/tagout procedures to prevent accidental energization or release of hazardous energy
Machine guarding: Violations related to the failure to provide and maintain proper guards on machinery
Training: Violations related to inadequate training on safe work practices, procedures, and hazard recognition
Recordkeeping: Violations related to the failure to maintain accurate records of workplace injuries and illnesses
Emergency action plan: Violations related to the lack of a comprehensive emergency action plan or inadequate training on emergency procedures
Don't get lost in the legal maze alone. We'll be your guide and your voice. We'll tackle the paperwork, navigate the system, and negotiate with insurance companies so you can focus on healing.
Common Work-Related Accidents Resulting from OSHA Violations in New City and NYS
Some of the most common types of workplace accidents that can occur as a result of OSHA rights violations in New City and across the state include:
Falls from heights
Slips, trips, and falls
Construction site accidents
Energy-related accidents
Falling objects
Exposure to hazardous materials
We'll fight for every dollar you're owed for medical bills, lost wages, and the pain and suffering you've endured. We're here to make sure you're not just compensated but empowered to move forward.
Understanding Your Rights and Seeking Compensation
Experiencing an OSHA violation can be a stressful and confusing experience. You might be dealing with injuries, lost wages, and a workplace that doesn't seem to prioritize your safety. Fortunately, you have legal options to protect yourself and seek compensation. Here's a breakdown of the potential paths you can take:
The purpose of filing an OSHA complaint is to hold your employer accountable for violating OSHA standards and to ensure corrective action is taken to prevent future accidents.
Here's what the OSHA complaint process typically entails:
Evidence gathering
Complaint filing
OSHA investigation
OSHA citation and fines
While an OSHA complaint is a crucial step to ensure workplace safety, it doesn't directly provide financial compensation for your injuries.
If you've been injured at work due to an OSHA violation, you may be eligible for workers' compensation benefits. These benefits can help cover:
Medical expenses
Lost wages
Other related costs
The evidence you gather for an OSHA complaint can often be used to support your workers' compensation claim. For example, if OSHA finds that your employer violated safety standards, this can strengthen your case for workers' compensation benefits.
However, it's important to note that workers' compensation does not offer full compensation for your injuries.
If you want to seek full financial compensation for your work-related injuries, you'll need to pursue a personal injury claim. A personal injury claim allows you to seek compensation for the financial and non-financial losses you suffered due to your workplace injury. However, in most cases, you cannot sue your employer if they have workers’ compensation insurance.
If your employer does not have workers’ compensation insurance or failed to maintain coverage, you may be able to sue them for your injuries. However, you must establish a direct link between the violation and your injuries. This means showing how the specific violation directly contributed to the work accident that caused your injuries.
You also need to demonstrate that your employer's negligence caused the violation. This means your employer knew or should have known about the unsafe conditions and failed to take reasonable steps to correct them.
For example, if your employer was aware of a hazardous condition but failed to provide proper training, protective equipment, or warning signs, they could be considered negligent.
Third-Party Claims
You can often pursue a personal injury claim against a negligent third party (someone other than your employer) for your injuries, even if you receive workers’ compensation benefits. A third-party claim could involve a negligent driver who struck you while you were driving a company vehicle or a negligent manufacturer who created unsafe tools
If you believe you were retaliated against for reporting an OSHA violation or for refusing to work in unsafe conditions, you may have a whistleblower complaint. This is a separate legal claim that protects you from being fired or otherwise penalized for speaking out about safety concerns.
If you've been injured in a workplace accident, it's crucial to consult with an experienced OSHA violations and personal injury lawyer to understand your rights and options. They can help you navigate the legal options and pursue the compensation you deserve.
The general statute of limitations for personal injury claims in New York is three years from the date of the injury. This means you have three years from the date of the incident to file a lawsuit.
In many cases, pursuing both an OSHA complaint and a personal injury claim can be beneficial. This allows you to address both safety concerns and financial compensation. You can ensure your workplace is made safer while also seeking compensation for your injuries.
By presenting a strong case to OSHA and a compelling personal injury claim, you increase the likelihood of a positive outcome. The evidence gathered for the OSHA complaint can often be used in your personal injury claim, strengthening your case.
In New York State and New City, it is generally not possible to receive workers' compensation benefits and pursue a personal injury claim against your employer at the same time for the same injury.
However, there are exceptions to this rule. You may be able to pursue a personal injury claim against your employer if your employer intentionally caused your injury or your employer's actions were so reckless that they amounted to intentional misconduct.
Who Can I Sue After an Injury Caused by an OSHA Rights Violation?
Besides your employer, here are examples of potential third parties in a work injury case:
Equipment manufacturers: If a defective tool or machine caused your injury due to a design or manufacturing flaw, you could have a product liability claim.
Property owners(if different from your employer): If hazardous conditions on the property contributed to your injury, you could sue the property owner.
Contractors or subcontractors: If their negligent actions on the job site caused your injuries, you might have a claim against them.
When you contact us for a consultation, we’ll help you determine which party or parties could be held liable in your case.
What Damages Can I Recover If My OSHA Rights Were Violated in New City, NY?
If you are successful in proving your case, a personal injury claim after an OSHA rights violation can help you seek compensation for the following damages:
Medical expenses: Includes all past and future medical expenses related to your injury.
Lost wages: Includes past lost wages and future lost wages if your injuries prevent you from returning to your previous job or working at all.
Pain and suffering: Compensation for the physical pain, emotional distress, and mental anguish you've experienced as a result of your injuries.
Disability: Compensation for permanent impairments and the impact of your injuries on your ability to work and earn a living.
Receiving compensation for your losses can go a long way toward making you financially whole and giving you a sense of justice.
How Fellows Hymowitz Rice Can Help If Your OSHA Rights Were Violated in NYS
You didn't choose to be injured at work. You shouldn't have to fight for the compensation you deserve. At Fellows Hymowitz Rice, we understand that dealing with the legal system after an OSHA violation can feel like an uphill battle. We're here to level the playing field and fight for your rights.
Here's how our team of experienced attorneys will work alongside you:
Uncovering the truth: We'll dive deep into your case, gathering evidence, analyzing OSHA regulations, and uncovering all potential violations to build a powerful case.
Your voice, heard loudly: We'll be your voice throughout the process, clearly explaining your options and answering your questions.
Experienced negotiation: We'll stand up to insurance companies and your employer, aggressively negotiating for the compensation you need.
Ready to fight: If necessary, we'll take your case to court, relentlessly advocating for your rights and holding the responsible parties accountable.
Your support system: We'll be your partner, offering compassionate guidance and support every step of the way.
We understand that facing an OSHA violation can be a deeply unsettling experience. You deserve to know your options and have a dedicated legal team fighting for your rights. This is what we do every day at Fellows Hymowitz Rice.
Rob Fellows is more than just a lawyer; he's a seasoned advocate and a respected leader in the legal community. With over 40 years of experience, he's earned a reputation for meticulous preparation, unwavering advocacy, and a genuine commitment to his clients.
Steve Hymowitz is a champion for the underdog, specializing in medical malpractice and construction accident cases. He’s known for his warmth and unwavering dedication, relentlessly pursuing justice for those who feel powerless against insurance companies.
Matthew brings an unparalleled level of energy and drive to every case, earning a reputation for achieving exceptional results. He goes beyond financial wins, building deep connections with clients and becoming a trusted advisor during their most difficult times.
Joanne Horowitz is a skilled legal strategist and a strong advocate for those facing injuries due to negligence, construction accidents, and medical malpractice.
Fellows Hymowitz Rice stands with you. Our experienced legal team understands the complexities of construction accidents and OSHA violations. Whether you're facing an injury on a job site in New City, New York City, or anywhere else in New York State, we're here to provide the dedicated and personalized legal representation you need to recover.
Need help recovering after a workplace injury and an OSHA rights violation by your employer in New City or New York? Call us at Fellows Hymowitz Rice today for a free consultation. We're here to help you get back on your feet!
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