OSHA Violation Attorneys in New Jersey

Assisting Clients With OSHA Violation Claims in NJ & Philadelphia

At The Law Firm of Morgan Rooks, P.C., we know that workers have the right to a safe workplace. The Occupational Safety and Health Act of 1970 (OSHA Act), administered by the Occupational Health and Safety Administration (OSHA), was passed to prevent workers from being killed or seriously harmed at work. The law requires employers to provide their employees with working conditions that are free of known dangers. The OSHA Act created the Occupational Safety and Health Administration, which sets and enforces protective workplace safety and health standards. Contact us today when you need an expert New Jersey OSHA attorney to help you.

To learn more about your rights, discuss your case with our OSHA violation attorneys in New Jersey at The Law Firm of Morgan Rooks, P.C. Contact us today. 

OSHA’s Whistleblower Protection Program

OSHA’s Whistleblower Protection Program enforces the whistleblower provisions of more than 20 whistleblower statutes protecting employees who report violations of workplace safety in various industries: Airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, and securities laws. Rights afforded by these whistleblower acts include, but are not limited to, worker participation in safety and health activities, reporting a work-related injury, illness, or fatality, or reporting a violation of the statutes.

Discrimination and retaliation may include:

• Firing or laying off
• Blacklisting
• Demoting
• Denying overtime or promotion
• Disciplining
• Denial of benefits
• Failure to hire or rehire
• Intimidation
• Making threats
• Reassignment affecting prospects for promotion
• Reducing pay or hours

Our OSHA attorneys also represents whistleblowers and victims of discrimination and retaliation in the financial industry involving claims under the Sarbanes-Oxley Act of 2002 (SOX), the Dodd-Frank Consumer Protection Act (“Dodd-Fran), and before the Securities and Exchange Commission (SEC).

OSHA & the Healthcare Industry

Although not limited to the healthcare world, in early 2014, OSHA began to focus more specifically on the healthcare industry and launched a web page dedicated to informing hospital workers of various forms of safety issues that may be encountered while performing their jobs at hospitals. According to OSHA, hospitals can be one of the most dangerous places to work, between work-related injuries and illnesses. According to the United States Department of Labor’s initiative, the purpose of the web page is to “help hospitals prevent worker injuries, assess workplace safety needs, enhance safe patient handling programs, and implement safety and health management systems.”

There will be some overlap between the Patient Protection and Affordable Care Act (ACA) and the False Claims Act (FCA) due to one of OSHA’s priorities on a Safe Patient Handling Program. Wrongful termination claims may ensue. Under the FCA, fraud against the government can be pursued by private individuals that have, among other things, intimate knowledge of a company’s fraud and are the first to file the action. Such individuals are referred to as “whistleblowers” and the actions themselves are called False Claims Act cases or Qui Tam actions. Simply put, there are violations of the fraud and abuse provisions in the ACA that trigger a cause of action under the False Claims Act, which translates into many opportunities to expose fraud. Some examples are: Failing to provide quality care to patients, failing to meet the expected standard of care, and failure to maintain adequate compliance programs. Depending on the extent to which a whistleblower is aware of any fraud, they may be able to recover a substantial monetary award.

What Proof Do I Need in an OSHA Violation Claim?

Here are some key elements of proof needed to build a strong claim:

• Documented OSHA Violations: The first piece of proof is evidence that your employer has violated OSHA safety standards. This can be obtained through an OSHA inspection or an internal investigation. OSHA could cite your employer for specific violations, and these citations can serve as crucial evidence in your claim.
• Reports of Workplace Conditions: Records detailing the unsafe conditions in your workplace are essential for your case. This could include maintenance logs, inspection reports, or safety audits that indicate the dangers present. Eyewitness testimony from coworkers or safety officers can also be valuable in confirming the conditions you were exposed to.
• Medical Records: If you have been injured or become ill as a result of an OSHA violation, medical records documenting your condition are key to proving the extent of your harm. This includes doctor’s diagnoses, treatment plans, and documentation of any long-term effects you may suffer due to the incident. Connecting your injury or illness directly to the unsafe working conditions is crucial for a successful claim.
• Employer’s Response: In some cases, the employer’s failure to act upon complaints or address hazardous conditions can strengthen your claim. Emails, written reports, or verbal warnings that went ignored may show negligence on the part of the employer. Additionally, records showing the lack of safety training or improper enforcement of safety protocols can be vital.
• OSHA Complaint Documentation: If you or someone else in your workplace filed an OSHA complaint, documentation of this complaint is important evidence. OSHA complaints indicate that the hazards were brought to the attention of the authorities and that the employer was aware of the risks posed by the conditions.
• Witness Testimonies: Testimonies from coworkers or other individuals who witnessed the unsafe conditions or your injury can bolster your case. These individuals can deliver firsthand accounts of the conditions at the time of the violation, strengthening your argument that OSHA standards were breached and caused harm.

How Our OSHA Violation Lawyer Can Help You

Here’s how we can assist you:

• Investigating the Claim: We will conduct a thorough investigation of the unsafe working conditions and determine whether OSHA standards were violated. By gathering necessary documentation, witness statements, and other evidence, we will build a strong case to support your claim.
• Filing OSHA Complaints: If you have not already filed a complaint with OSHA, we can assist you in preparing and submitting a formal complaint to the appropriate authorities. We will ensure the complaint accurately reflects the violations and provides a comprehensive picture of the hazards you faced.
• Representing You in Legal Proceedings: We are well-versed in OSHA regulations and how to apply them to your case. We will represent you in legal proceedings, whether through negotiations or in court. Our goal is to secure compensation for your injuries, lost earnings, medical bills, and any other damages you have suffered as a result of the employer's negligence.
• Ensuring Employer Accountability: When an employer fails to provide a safe work environment, they must be held accountable. We will work to ensure that your employer is responsible for their actions or inactions. This includes seeking penalties for violations and pursuing compensation for any harm you’ve experienced.
• Handling Retaliation Cases: It is illegal for an employer to retaliate against an employee for reporting an OSHA violation or unsafe work conditions. If you have faced retaliation in the form of demotion, termination, or other adverse actions because you spoke up about unsafe conditions, we can help you file a retaliation claim in addition to your OSHA violation claim.
• Maximizing Your Compensation: Injuries and illnesses stemming from OSHA violations can result in significant financial burdens. We will fight to ensure that you obtain full compensation for your medical costs, lost wages, future lost earnings, pain and suffering, and any other related costs.

Act Now to File Your OSHA Violation Claim

Please keep in mind that the amount of time that you may have to bring a claim (i.e., statute of limitations) with an OSHA claim is short. OSHA protects workers who complain to their employer, to OSHA or to other government agencies about unsafe or unhealthful working conditions in the workplace or environmental problems. If you have been retaliated against for making an OSHA complaint, you have only 30 days to file a complaint. If you are ever in need of any employment law legal help, contact us for our expert help.

The attorneys at The Law Firm of Morgan Rooks, P.C. are knowledgeable and experienced in handling OSHA whistleblower claims, as well as OSHA retaliation claims and wrongful termination claims. We work with clients throughout Gloucester County, Camden County, Burlington County, Cumberland County, Salem County, Mercer County, Ocean County, and Atlantic County in New Jersey; and Philadelphia County and Delaware County in Pennsylvania.

Please call us today at (856) 746-6332 for a free confidential case evaluation with our OSHA violation attorneys in New Jersey.