Workers' Compensation

OSHA Limitations and Your Rights After a Workplace Injury

Understanding Social Security Disability Benefit Denials

The U.S. Occupational Health and Safety Administration (OSHA) is responsible for enforcing workplace safety regulations and for protecting workers in the United States. But given the agency’s budgetary and staffing resources, it’s probably not smart to depend exclusively on OSHA to protect us in the workplace. OSHA standards cover about 100 million workers in 8 million workplaces in the United States; yet the agency’s personnel in fiscal 2014 numbers only 2,258 staffers. (Compare this number against the U.S. 4,383 workers killed on the job in 2012.) Fortunately, 22 states have established state agencies that partner with OSHA to protect workers, and California is one of those states. The Division of Occupational Safety and Health (DOSH), also known as Cal/OSHA, protects workers from workplace health and safety hazards throughout the state.

The Cal/OSHA enforcement unit visits workplaces to investigative safety standards. Employees may file a safety complaint or request a safety inspection of their work site from a local district office of Cal/OSHA. Some employees may fear reprisals for reporting workplace dangers, even though it’s illegal for employers to respond in that way. Nevertheless, employees who are concerned about protecting their jobs when reporting workplace hazards should speak to an experienced California workers’ compensation attorney.

Why Legal Action Plays a Key Role in Workplace Safety

While many employers take proactive steps to keep workers safe, government oversight alone may not always be enough to prevent workplace hazards. Limited funding and staffing challenges have made it difficult for agencies like OSHA to conduct inspections as frequently as needed.

As a result, workers’ compensation claims and personal injury lawsuits play an essential role in holding employers accountable. In many cases, the possibility of legal action encourages safer workplace practices more effectively than the threat of an inspection.

If you are injured on the job in California, you may be entitled to workers’ compensation benefits. Depending on the circumstances, you might also have grounds to file a personal injury claim, especially if negligence played a role in your injury.

An experienced workers’ compensation attorney or personal injury lawyer can evaluate your case, explain your options, and help you pursue the compensation you deserve. If you’ve been injured at work, don’t wait, seek legal guidance as soon as possible to protect your rights.