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Injured Workers Should Encourage the Employer to Fight OSHA

The Occupational Safety and Health Administration (OSHA) has recently been cracking down on U.S. construction sites for health and safety violations. When a worker is injured, an OSHA citation may seem like a justified response. However, this citation may result in the injured worker getting less compensation for his or her injuries in civil cases. The lawyers of Abraham Watkins have the experience and expertise to reverse this effect.

Workers compensation laws generally immunize employers from suit, so that the employee collects money only from workers compensation as a reward for their injuries. When an accident is the fault of a third party, that third party may have the ability to use the OSHA citation to point the finger at the employer-and the employer will not be in the courtroom to defend itself.

A lawyer experienced in this area will use strategies to combat this approach, including raising objections and arguments in the pretrial stage that will carry over to trial. However, the worker can also take steps to help his or her own case. He or she can encourage the employer to fight OSHA citations. Even when the employer is hoping to help the worker by complying with OSHA, the worker should notify the employer that it may in fact hurt the worker’s chances of being duly compensated for the injuries. If the violation is particularly egregious, the employer should at least negotiate a settlement and lower classification of citation, because those have a less chance of being admitted into evidence in a lawsuit against a third party.

The first and most important step that the worker should take after getting proper medical care is finding a lawyer that has experience representing injured workers.

Benny Agosto, Jr. is a partner at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner in Houston, Texas. For over 65 years, Abraham Watkins has successfully represented injured people and families who fall victim to catastrophes. Our attorneys have the knowledge, experience and resources necessary to obtain just compensation their clients. For more information, please contact the office of Benny Agosto, Jr. at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, by letter at 800 Commerce Street, Houston, Texas 77002, or by phone at 713-396-3964.

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