Will An OHSA Violation Affect My Workers' Compensation Claim?

If you were involved in an accident and are filing a workers' compensation claim, you might think that an OSHA violation is not relevant. After all, the workers' compensation program is a no-fault system. However, an OHSA regulation violation can still be relevant to your claim.

Your Compensation Under Workers' Comp

The OHSA claim does not directly impact a workers' compensation claim and you will receive the same amount in compensation if there is an OHSA violation than if there isn't. A direct payment will be made to your medical provider to pay for your medical expenses. 

You will also be entitled to payments for lost wages under workers' compensation insurance. However, how this is calculated is more complicated. The workers' compensation insurance provider will include your current wage benefits, such as Social Security or your pension, with your workers' compensation benefits. The higher your average wage, the higher your weekly benefits will be.

Your average weekly wage is not only based on the wages you earned from the workplace where you are injured but is based on your average weekly earnings across all your positions. The wages earned in 52 weeks are split into quarters. If you are a recently hired employee and have not yet worked for 52 weeks, your wages can be calculated using any 13-week quarter you have worked.

Workers' Compensation and OHSA Regulations

The goal of the OHSA is to make sure that your workplace is safe. There are specific rules your employer is expected to follow such as making sure that any ladders you must climb are sturdy enough. Some employers choose to cut corners and do not follow OSHA regulations.

Because there are limits to how much compensation you can receive, you may want to file a personal injury claim with your attorney if you believe that the compensation from workers' comp is not enough. For example, there is no compensation for pain and suffering through workers' compensation insurance. 

Consulting with a Lawyer

While the failure to follow OHSA regulations can affect whether or not you are able to seek compensation beyond workers' compensation. However, whether or not the failure to follow OHSA regulations will be relevant depends on the jurisdiction. Therefore, you will want to hire an attorney to determine whether you want to take this approach.

Hiring an attorney will also allow you to gather the evidence necessary to prove that the OHSA violation occurred. Reach out to a workers' compensation lawyer for more information.