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OSHA violations and their impact on workplace injury cases

As the federal agency in charge of regulating workplace safety, the Occupational Safety and Health Administration, OSHA, issues rules that most Camden County, New Jersey, employers, particularly those who operate in manufacturing and industry, must follow.

OSHA typically investigates significant workplace accidents, and can also investigate if an employee or other person complains about safety conditions in a work environment. If OSHA finds that an employer has broken the agency's safety rules, then OSHA can impose regulatory fines and other penalties on the employer.

Some New Jersey residents might wonder how the fact his or her employer, or an affiliated business, ran afoul of federal safety rules would affect them if they wound up getting hurt as a result of the safety violation.

In some respects, whether OSHA issues a citation to a person is irrelevant since, as has been reported on this blog previously, workers' compensation in New Jersey is a no fault system. This means that in the vast majority of cases, even if an employer did nothing wrong, the employer must cover the medical bills and at least a portion of an injured employee's lost wages.

However, should an employee have good grounds to file an additional personal injury lawsuit against another business on account of a third party liability claim, which is a means of pursuing additional compensation following a work accident, then an OSHA violation may help the injured victim prove negligence and thus, hopefully, get the compensation he or she needs.

While the fact that an employer or other business was in violation of safety regulations at the time of an accident does not necessarily change the outcome of a workers' compensation claim, it is still good information to have since it could mean an injured worker is eligible for additional relief.

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