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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.
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.
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:
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:
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.
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.
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:
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.
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:
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.
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:
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:
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.
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.
Besides your employer, here are examples of potential third parties in a work injury case:
When you contact us for a consultation, we’ll help you determine which party or parties could be held liable in your case.
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:
Receiving compensation for your losses can go a long way toward making you financially whole and giving you a sense of justice.
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:
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.
Margaret is a seasoned negotiator, expert in civil dispute resolution, with extensive experience handling homicide cases.
Don't let an injury define your future. Get the justice and compensation you deserve. Contact us today for a free consultation!
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!
