Were regulations violated when you sustained a railroad injury?
The Occupational Safety and Health Administration may have stepped in to investigate soon after the railroad accident that caused your injuries occurred. This is because OSHA safety regulations apply to railroad work as well as other types of industries. OSHA exists within the Department of Labor, and its main purpose is to help reduce workplace hazards and create health and safety programs. The agency may cite your Louisiana employer for violating federal regulations if investigators determine something was not up to par when your accident happened.
OSHA was formed out of the Occupational Safety and Health Act of 1970. As a railroad employee, you have certain rights under OSHA. Other federal regulations may also apply in your situation, such as the Boiler Inspection Act. You’ll likely have to take one day at a time as you recuperate from your injuries. Hopefully, you have a strong support team who are fully equipped and ready to assist you. It’s also good to clarify your rights as you plan your course of action to seek the fullest recovery possible.
Did your employer fulfill all workplace obligations?
The Federal Employers Liability Act is a key factor in seeking benefits or pursuing a personal injury claim following a railroad accident injury. Your employer is obligated to make sure your work environment is safe. The following list shows other duties your railroad employer has under OSHA:
- Your employer must post a list of rights and responsibilities under OSHA in a conspicuous location in your workplace.
- Your employer must make sure there are no recognized hazards in your work environment.
- Your employer must also let you know how to access your medical and exposure records.
- Your employer must institute an overall hazard communication program. This is also an OSHA requirement, which includes a proper employee training program.
If your employer does not adhere to OSHA regulations, you may be able to seek legal accountability against one or more parties if you suffer injuries because of employer negligence.
Your rights under OSHA
In addition to your employer’s responsibilities, you have rights under OSHA that may apply to an injury situation. Some of those rights include the following:
- You have the right to access your medical and exposure records.
- You may request an OSHA inspection if you believe workplace hazards or employer negligence caused your injuries.
- You may also request that a certified employee accompany the OSHA inspector during the investigation.
- Your rights protect you against employer retaliation if you file a complaint.
Railroad work is often dangerous; however, that doesn’t mean you should not reasonably expect your workplace environment to be safe. It’s true that accidents happen, but many railroad injuries are later found to have been entirely preventable. If that’s the case in your situation, you have the right to pursue justice.