Employee Rights and OSHA Violations in New York

Workers' Rights and the Occupational Safety and Health Administration

Providing a healthy, safe working environment for employees should be a matter of common sense. However, employers do not always do what they should to keep their work places safe. The Occupational Safety and Health Administration (OSHA) is the U.S. government agency in charge of overseeing employers and citing them for safety violations that put workers in danger. OSHA also investigates all work-related deaths and catastrophes in the work place. Employers are required to report fatalities and catastrophes to OSHA. Catastrophes are defined as events that result in the hospitalization of three or more employees.

At Wingate, Russotti, Shapiro & Halperin, LLP our NY workplace accident attorneys will do whatever is possible to see that you are compensated for your injuries suffered while on the job. We take pride in representing those who have been injured in workplace accidents. We intentionally limit the number of cases we handle so that every client receives the personal attention we are known for providing. If you have been injured in a workplace accident, please call (212) 986-7353 for a free consultation.

New York Worker Protection Mandated by OSHA Regulations

If you have been injured on the job, the first thing you should know is that you are not alone. Nine U.S. workers lost their lives in workplace accidents during a one-month period from December 5th, 2012 through January 3rd, 2013. Three fatalities were in the New York/New Jersey area. OSHA regulations were put in place to lessen the risks of workplace injuries that include the following:

  • Electrocution - workers must be protected when they are near energized wires or power circuits.
  • Struck-by injuries - workers must wear personal protective equipment including helmets and steel-toed boots while on the job.
  • Caught-in-between injuries - workers must receive proper training in order to work around heavy equipment. Equipment maintenance must be done on a regular basis.
  • Injuries as the result of falls - OSHA requires a safety rail, safety net, or fall arrest system when there is a potential fall of six feet or more.

OSHA Standard for Reporting Catastrophes and Fatalities

According to OSHA Standard, 29 CFR Subpart 1904.39, "Reporting Fatality, Injury, and Illness Information to the Government," employers are required to report catastrophes and deaths within eight hours in person or by phone to the OSHA office or to the State Plan office nearest to the site where the incident occurred. The OSHA central telephone number used to report is (800) 321-6742.

Employer Responsibilities for Creating a Safe Place to Work - OSHA Guidelines

You should be aware if you have been injured in a workplace accident, that your employer has certain responsibilities under the law. Employers must provide a safe place to work that is free of serious safety hazards. Employers are required to abide by all OSHA health and safety standards. They have the responsibility to eliminate hazards by making changes in working conditions. They must find and correct health and safety problems.

Click here to read an article about work accident safety.

Why Do I Need a New York OSHA Violation Attorney?

Even though your employer was required to maintain worker's compensation insurance, once you file a claim, the insurance company may try to lessen the amount they will pay in compensation. Your employer may try to prove your claim invalid. Your injuries may have been equipment related or caused due to negligence on the part of third-party contractors or building owners.

You will need the help of an experienced workplace accident attorney who can guide you through the entire process including filing for compensation and appeal if needed. The attorneys at Wingate, Russotti, Shapiro & Halperin, LLP can help you every step of the way. Call (212) 986-7353 for a free initial consultation and let us get started on your case.

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Contact Us: Free Consultation

If you or a loved one has been seriously injured, it is important to seek legal representation as soon as possible. Contact the New York personal injury attorneys at Wingate, Russotti, Shapiro & Halperin, LLP today for a FREE, no obligation consultation today:

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420 Lexington Ave. Suite 2750 New York, NY 10170
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