Can Newly Discovered OSHA Violations Be Cause to Reopen a Workers' Comp Case
My question involves workers compensation law for the state of: CA
I work for a major corporation who has been cited by OSHA for violations that were a "imminent risk of serious injury or death." The job I perform "endangered" me and, I believe, contributed to my repetitive stress injury by having to hang on for dear life to keep from falling on a daily basis. The OSHA citations have been cleared. Can I renegotiate the settlement I received last year because I didn't know about the undue risk I was being placed in by my employer.
Re: Can Newly Discovered Osha Violations Be Cause to Reopen a Workers' Comp Case
your risk didn't change. Would you have hung on any tighter if OSHA had told you you were in danger? What is'f are not compensable.
Re: Can Newly Discovered Osha Violations Be Cause to Reopen a Workers' Comp Case
Had the employer been compliant, I would not have had to hold on for dear life all those times.
Re: Can Newly Discovered Osha Violations Be Cause to Reopen a Workers' Comp Case
ok, was the company willfully and knowingly in non-compliance?
Re: Can Newly Discovered Osha Violations Be Cause to Reopen a Workers' Comp Case
300 employees (including me) have to sign a statement every year, stating we were not allowed to walk up/down this sloped area. 3 of us were told the rule didn't apply to us since we regularly needed to walk on the slopes to get to areas that needed repair (no special training or equipment). Now we find out that, guess what, I'm covered by OSHA as well and there are no variances. The company is now constructing proper access.
Re: Can Newly Discovered Osha Violations Be Cause to Reopen a Workers' Comp Case
you didn't answer my question.
Re: Can Newly Discovered Osha Violations Be Cause to Reopen a Workers' Comp Case
I'm not sure how to answer you. They obviously knew employees weren't supposed to walk on these slopes and then made an exception for the 3 of us. The regulations were easy enough to find and have been on the books for decades. They've had previous fall-protection violations over the years. Seems "willfully and knowingly" to me.
Re: Can Newly Discovered Osha Violations Be Cause to Reopen a Workers' Comp Case
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They've had previous fall-protection violations over the years.
Now it sounds like you were aware of the violation as well. That tends to negate any claim you may have against them. That makes you as guilty of the violations as well. While OSHA does not currently cite and fine individuals, they are working towards that. You are in charge of you.
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They obviously knew employees weren't supposed to walk on these slopes and then made an exception for the 3 of us
nothing unusual about that. Quite common in fact. Never seen a sign "authorized personnel only". Well, you 3 were authorized, everybody else wasn't.
so, if the violation was knowing and willful:
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Can I renegotiate the settlement I received last year
did you sign a release? If so, unlikely. If not, be my guest. Of course, you are only due your damages which likely have already been addressed.
Re: Can Newly Discovered Osha Violations Be Cause to Reopen a Workers' Comp Case
Found out about the previous violations today.
We were authorized by our employer to violate safe workplace law? The reason for the prohibition to everyone else was for safety, we 3 were told to "just be careful." And, why have us sign the prohibition (regularly) and then tell us it didn't apply to us (regularly)?
Don't know about the release, but I'm sure I probably did.
Re: Can Newly Discovered Osha Violations Be Cause to Reopen a Workers' Comp Case
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We were authorized by our employer to violate safe workplace law?
unless they knew specifically what rules required what in that situation, the violations may not have been willful.
Often times, an employer misinterprets OSHA rules. Dang, I have been though some OSHA training and one thing the OSHA rep said: no matter what I tell you today, if the inspector in the field tomorrow determines something to be a violation, it is a violation, even if in direct contrast to what I tell you now.
The OSHA rules are also available to you.
and above all else, common sense has to come into play somewhere. If you deem something unsafe, just don't do it. You are in charge of you and ultimately, your safety. If you were required to wear a safety harness and they hand you one that has a strap cut half through, would you simply put it on because they said that is all they had? If you are not willing to demand safety, you will get abused. That is just a simple fact in American business.
anyway, if you signed a release, you have no claim. The possibility of a willful violation is something you should have investigated then, before you signed the release.