Do OSHA Violations Impact Workers’ Compensation Claims?

When you are hurt at work in Wisconsin, you do not need to worry about medical bills and being out of work. You are probably entitled to workers’ compensation to care for you and your family while you recover. Learn about workers’ comp and OSHA complaints and related information in this article, and if you have questions, our Milwaukee workers’ compensation attorneys can help.

OSHA Violations And Workers’ Compensation Claims

Wisconsin has a ‘no fault’ policy for workers’ compensation claims when there is an accident at work. This means that employees do not need to prove liability to receive compensation; they only have to show that the accident occurred on the job.

If your employer violated an Occupational Safety and Health Administration (OSHA) rule that led to your injury, it is natural to wonder if you can sue for the violation. In Wisconsin, you are typically not allowed to sue the employer if you receive workers’ compensation.

Unfortunately, some state courts have ruled that the workers’ compensation bar on filing a personal injury lawsuit is not overcome if the employer violated an OSHA regulation. But other courts have said that a willful violation of an OSHA might be a factor in determining if the bar on civil litigation can be disregarded.

If you are in this situation, you should ask an experienced workers’ compensation attorney about your specific case, the type of injury, and the OSHA rule that may have been violated. In any case, you can file for workers’ compensation even if there has been an OSHA violation committed by your company.

Also, depending on the case, an injured worker could have litigation options against a third party contributing to the job-related accident. Furthermore, OSHA tells employers they cannot retaliate against employees for reporting injuries. Companies also have been notified not to offer bonuses and prizes for attaining safety goals if the rewards discourage employees from reporting job-related injuries.

What Injuries Are Covered By The Wisconsin Workers’ Comp Laws?

Wisconsin’s workers’ compensation insurance laws define a workplace injury as any physical or mental harm because of a workplace disease or accident. Injuries that are covered include:

• Physical harm, including cuts, fractures, burns, bruises, crushing injuries, strains, amputation, stiffness, sprains, paralysis, and loss of part of the body. Also covered are sudden hearing or vision loss.
• Mental harm, such as hysteria, traumatic neurosis, and nervous disorders. A brain hemorrhage injury from an industrial accident also can be covered. Suppose the workplace injury is emotional stress or mental harm without physical damage. In that case, the injured worker must show it was because of a workplace situation that was more than typical daily work stresses.
• Accidental injury, including physical or traumatic mental harm that happens unexpectedly or suddenly because of a job-related activity.
• Occupational illness or disease is long-term mental or physical harm due to exposure over a long period to a job-related condition, activity, or substance. Occupational disease can include hearing loss and deterioration of various bodily functions. Common occupational diseases that may qualify include dermatitis, tuberculosis, lead poisoning, pneumonia, and various respiratory diseases.

The Injury Must Arise Out Of Employment – What Does This Mean?

In Wisconsin, workers’ compensation is payable when, when you were hurt, you were performing a job or activity related to your employment. While you do not need to prove fault to receive benefits, you must show that the injury or disease occurred when you were working in a job-related activity:

At-Work Injuries

Most accidents on the job happen when on company property, such as a fall, the impact of a moving or falling object, or overexertion or strains. If the injury occurred on company property, you can receive workers’ compensation in almost every circumstance.

Injuries Occurring On The Way To And From Work

In most cases, you can only get compensation for an injury to or from work if it happens on company-owned property. However, if you were engaged in a work-related activity on the way to or from work, it could be covered in some circumstances.

Injuries In The Parking Lot

Workers ‘ compensation insurance usually covers injuries that occur in the company parking lot, on steps leading to the company building, or on a path to the building.

Injuries When Attending To Personal Business

In most cases, workers who are hurt at work while attending to personal affairs, such as using the restroom, eating, drinking, or smoking, will receive workers’ compensation if injured. However, injuries that occur off of company property, such as at lunchtime, are typically not covered.

Injuries While Doing Something Strictly Private

If you are hurt when performing an action taken for a private purpose and your work is not involved, it is not covered by workers’ compensation. For example, if you are driving on the job, stop in a grocery store to buy personal items, and are injured, this is not usually compensable.

Injuries Not On Company Property But Still Working

Suppose you are not on company property but are performing duties for your employer. If you are injured in this situation, you should receive workers’ comp. If you are being transported by your company when you are hurt, you also should be compensated. A worker whose employment depends on travel is assumed to perform work while on a work trip. For example, an injury on a work trip in an airport, subway, or bus would be covered.

Traffic Accidents

Traffic accidents are covered if you were on company business at the time. For example, if you were making a delivery and were hurt in a traffic accident, you should receive compensation. However, if you are on company business and have a heart attack when driving, leading to an accident, the injuries would be covered, but you might not be compensated for the heart problem.

Contact Our Milwaukee Workers’ Compensation Attorneys Today

If you were hurt on the job in Milwaukee, you may be out of work and have a pile of medical bills. Workers’ compensation is designed to keep you financially afloat while you recover. Contact our Milwaukee workers’ compensation attorneys at Gillick, Wicht, Gillick, & Graf for help with your claim, so call (414) 257-2667.