Can You Sue for OSHA Violations in Personal Injury?

Workplace injuries can be devastating, not just financially, but physically and emotionally too. When safety regulations are violated and you get hurt on the job, you deserve justice — and to get that, you need to understand your legal options for holding employers accountable. So, can you sue for OSHA violations in a personal injury case?

The answer depends on your workers’ compensation status. If you haven’t accepted workers’ compensation benefits, you may be able to sue your employer for OSHA violations and pursue compensation. However, if you’ve accepted workers’ compensation benefits, you typically cannot sue your employer for OSHA violations since workers’ comp is a no-fault system that provides benefits in exchange for giving up your right to sue.

At Sellers Law Firm, we have extensive experience helping injured workers navigate these complex cases. Don’t try to handle this alone. Call our experienced personal injury lawyers in Dallas/Fort Worth today at (817) 928-4222 or contact us online for a free consultation about your rights and options.

Can you sue for unsafe working conditions?

Yes, you can sue for unsafe working conditions and employer liability in Texas, but with important limitations. As mentioned, if you’ve accepted workers’ compensation benefits, you generally cannot sue your employer for OSHA violations or unsafe conditions since workers’ comp is a no-fault system. However, you may be able to sue if:

You haven’t accepted workers’ compensation
The unsafe conditions were caused by a third party (not your employer)
Your employer intentionally caused harm
Your employer doesn’t carry workers’ compensation insurance

To successfully sue for OSHA violations in a personal injury case, you’ll need to prove the unsafe conditions directly caused your injury and that one of these exceptions applies to your situation.

What are the OSHA violations you can sue for?

When suing for OSHA violations in a personal injury case, the most serious violations typically involve:

Safety system failures (missing guards on machinery, inadequate fall protection, lack of lockout/tagout procedures)
Hazardous material mishandling (toxic exposure, confined space accidents, chemical burns)
Fire/explosion hazards (improper storage of flammables, lack of emergency exits, faulty wiring that could cause a plant explosion)
Structural safety violations (unstable trenches, scaffolding violations, unsecured loads)
Training and equipment failures (inadequate safety training, defective protective equipment, missing emergency protocols)

Remember: If you don’t have grounds to pursue OSHA violation claims, there may be other legal options available. For instance, you might have a claim against third-party contractors, equipment manufacturers, or property owners. Speaking with an experienced workplace injury attorney can help you understand all your options, as these case types often involve complex regulations and multiple potentially liable parties.

OSHA violations often lead to incredibly dangerous accidents which can cause catastrophic injuries and even wrongful death, so fully exploring your legal options and doing everything you can do to get what you deserve is essential.

How to sue a company for OSHA violations

Filing an OSHA lawsuit requires careful documentation and precise timing to build a strong case. Here are the essential steps:

Document violations and injuries: take photos, gather witness statements, save medical records, and keep copies of any safety complaints or incident reports you filed with your employer.
File an OSHA complaint: submit a formal complaint through OSHA’s website or local office, request a workplace inspection, and maintain records of all communication with OSHA officials.
Determine eligibility: review your workers’ compensation status, as accepting benefits typically prevents you from suing, and check your state’s specific laws regarding workplace injury lawsuits.
Contact a workplace injury attorney: bring all documentation to your consultation and have them evaluate your case’s strength and potential compensation options.
File within deadlines: submit your lawsuit before your state’s statute of limitations expires, typically 1 – 2 years from the injury date, while considering OSHA investigation timelines.

While standard workers’ compensation claims don’t require proof of fault, OSHA violation lawsuits demand substantial evidence linking safety violations to specific injuries. Third-party contractors, equipment manufacturers, or property owners may share liability, potentially expanding your compensation options beyond typical employer-focused claims.

OSHA violations — FAQs

Can I get money for reporting OSHA violations?

Yes, whistleblowers who report OSHA violations may be eligible for monetary rewards through OSHA’s Whistleblower Protection Program. The reward amount typically ranges from 15% to 30% of any OSHA penalties collected, but you must file your report through proper channels and cooperate with investigations.

What is the number one OSHA violation?

Fall protection violations consistently rank as OSHA’s most frequently cited violation, particularly in construction. This includes inadequate guardrails, missing safety harnesses, and unprotected edges on elevated work surfaces. If you’ve been injured due to fall protection violations and haven’t accepted workers’ compensation, you may have grounds for a lawsuit.

What is the OSHA 5 rule?

The OSHA 5 rule requires employers to report work-related fatalities within 8 hours and work-related hospitalizations, amputations, or losses of an eye within 24 hours. This mandatory reporting helps OSHA track serious workplace incidents and determine if immediate investigation is needed. Failure to follow this reporting requirement can strengthen your case when suing for OSHA violations, as it demonstrates negligence.

Turn OSHA violations into justice with the help of Sellers Law Firm

If you’ve been injured due to workplace safety violations, understanding whether you can sue for OSHA violations is crucial for protecting your rights and future. Don’t let complicated regulations or employer pressure prevent you from seeking the compensation you deserve.

At Sellers Law Firm, our track record of successful injury cases and deep understanding of OSHA regulations sets us apart. We’ve helped countless clients secure maximum compensation for their claims, and we’re ready to put that experience to work for you. Call (817) 928-4222 or contact us online for your free consultation today.

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