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Workers in Rock Hill, York County, and elsewhere in South Carolina deserve safe, fair conditions on the job. Unfortunately, workplace safety violations remain a serious problem. The Occupational Safety and Health Administration (OSHA)—and the state-based SC OSHA—regulate workplace safety standards. If an employer commits an OSHA violation and you are hurt as a result, it could have implications for your workers’ comp case. At Schiller & Hamilton, we’ve got your back. Within this article, our Rock Hill workers’ compensation attorney highlights the key points to know about OSHA and how a violation could impact your work injury claim in South Carolina.
What is an OSHA Violation?
The Occupational Safety and Health Administration (OSHA) is a federal government agency that is responsible for ensuring safe and healthy working conditions. It sets and enforces workplace safety standards. SC OSHA is a state-based agency responsible for workplace safety regulations in South Carolina. It operates under federal OSHA guidelines.
An OSHA violation occurs when an employer fails to comply with workplace safety standards.
Notably, these violations can range from relatively minor infractions to severe breaches that pose serious risks to worker safety. An OSHA violation can result in civil penalties, including fines and mandatory corrective actions, against the employer. Violations are classified as follows:
- Other-than-serious;
- Serious;
- Wilful; and/or
- Repeated.
An OSHA violation could involve more than one classification. For example, after a work injury in Rock Hill, an investigation of an employer may determine that they committed an OSHA violation that is both serious and wilful. If there is a history of similar violations, OSHA or SC OSHA could also cite the employer for “repeated” violations.
Understanding OSHA and Workers’ Comp
OSHA and SC OSHA do not play a direct role in workers’ compensation claims in South Carolina.
With that being said, an OSHA violation could still have some impact on your workers’ compensation case. However, since South Carolina operates under a no-fault workers’ compensation system, employees do not need to prove employer negligence—OSHA violation or other negligence—to receive benefits.
Still, an OSHA violation could be relevant to your work injury case. It could make it easier for an injured worker to navigate their claim. Further, an OSHA violation could be evidence of fault if the worker also has a third-party liability claim. An additional type of legal claim, a third-party liability case, allows injured workers to sue any negligent party other than their employer for further compensation. Examples include property owners, contractors, and equipment manufacturers.
Key Points to Know About Workers’ Comp Laws in South Carolina
Were you injured or made ill while on the job in Rock Hill? You must understand your rights and responsibilities under the workers’ compensation laws in South Carolina. Here are some of the most important points to be aware of:
- Workers’ Comp is No-Fault Coverage: As noted by the South Carolina Bar, workers’ comp insurance is a form of no-fault coverage in our state. In other words, employees can receive benefits regardless of who caused their workplace injury or occupational diseases. You are not required to prove an OSHA violation or any other type of workplace safety violation. As long as you were hurt during the course and scope of employment, coverage applies.
- You Must Notify Your Employer of Your Injury: Employees in South Carolina must notify their employer of any workplace injury as soon as possible. The state requires that this notification be given within 90 days of the accident to maintain eligibility for workers’ compensation benefits. Do not delay: Report the accident right away.
- A Wide Range of Workers’ Comp Benefits Available: In South Carolina, workers’ compensation covers a variety of benefits, including medical expenses, disability payments, and compensation for permanent injuries. These benefits are designed to help injured workers manage their healthcare costs and partially replace lost wages while they recover. You deserve full and fair workers’ compensation benefits.
- You Have the Right to Appeal a Denial of a Claim: Even though workers’ comp is no-fault, the unfortunate reality is that some injured workers in Rock Hill still struggle to get access to their benefits. If a workers’ compensation claim is denied in South Carolina, the injured worker has the right to appeal the decision. The appeal process involves filing a request for a hearing before the South Carolina Workers’ Compensation Commission. A lawyer can help.
- A Third-Party Liability Claim May Be Warranted: In cases where a worker’s injury is caused by someone other than their employer or a coworker, such as a vendor or a defective product, a third-party liability claim may be appropriate. It is a type of claim that is separate from workers’ compensation and can provide additional compensation for injuries, including for pain and suffering. A third-party liability claim is the part of the process where an OSHA violation is most likely to be relevant.
Why Trust Schiller & Hamilton for a Workers’ Comp Claim in South Carolina
A serious work injury can put a major strain on an employee and their family. You must be able to access the maximum financial benefits—whether through workers’ comp, a third-party liability claim, or both. At Schiller & Hamilton, we advocate tirelessly to protect the rights of injured workers. To learn more about our services, you can review our client testimonials, and our case results, or reach out to our South Carolina workers’ comp lawyers directly with specific questions.
Contact Our Rock Hill Workers’ Compensation Attorney Today
At Schiller & Hamilton, our Rock Hill workers’ compensation lawyers are here to help you seek justice. We’ve got your back. Hurt on the job due to an OSHA violation? Do not go at it alone. Contact us right away to set up a free, strictly confidential initial consultation. With a law office in Rock Hill, we represent injured workers in York County and throughout South Carolina.