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  1. #1
    Join Date
    Sep 2010
    Posts
    6

    Default 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.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default 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.

  3. #3
    Join Date
    Sep 2010
    Posts
    6

    Default 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.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can Newly Discovered Osha Violations Be Cause to Reopen a Workers' Comp Case

    ok, was the company willfully and knowingly in non-compliance?

  5. #5
    Join Date
    Sep 2010
    Posts
    6

    Default 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.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can Newly Discovered Osha Violations Be Cause to Reopen a Workers' Comp Case

    you didn't answer my question.

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