A serious workplace injury often raises immediate questions about what went wrong. Maybe a machine lacked proper guards. Perhaps workers were not given required safety equipment. Maybe an employer ignored known hazards or failed to follow established safety standards.
When an accident involves a potential safety violation, injured workers often wonder whether that changes their workers’ compensation claim. The short answer is yes. Depending on the circumstances, a workplace safety violation can increase, and in some cases decrease, the amount of workers’ comp benefits a worker receives.
Do OSHA Violations Affect Workers’ Compensation Benefits in Kentucky?
Kentucky workers’ compensation is designed to provide benefits to employees who suffer work-related injuries or occupational illnesses. Unlike a personal injury lawsuit, workers’ compensation generally does not require the injured worker to prove negligence. In other words, the question is usually not whether the employer was careless. Instead, the primary issue is whether the injury occurred in the course and scope of employment.
This no-fault structure benefits both employees and employers. Injured workers can often obtain benefits without having to prove fault, while employers receive protection from civil suits for most workplace injuries.
So, how do Occupational Safety and Health Administration (OSHA) violations and other workplace safety violations come into play? When a violation contributes to an injury, it does not affect a worker’s eligibility to receive benefits, but it may affect the amount of monetary benefits they are entitled to receive.
Kentucky law provides that workers’ compensation benefits may be increased by 30% when an injury is caused in some degree by an employer’s intentional failure to comply with a safety statute or regulation. On the other hand, if an employee’s injury is caused in any degree by the employee’s intentional failure to comply with a known safety rule or regulation, their benefits may be reduced by 15%.
The benefits a worker is eligible to receive depend on the nature of the injury and the length of recovery, and may include:
- Medical benefits: Coverage for all reasonable and necessary medical expenses related to the work injury. This includes doctor visits, hospital care, surgery, prescriptions, physical therapy, and other treatment needed to help you recover or manage the effects of the injury.
- Temporary Total Disability (TTD) benefits: Wage replacement paid when you are taken completely off work due to your injury and cannot earn income during recovery. These benefits are generally equal to two-thirds (66.67%) of your average weekly wage, up to a maximum amount set by Kentucky law.
- Permanent Partial Disability (PPD) benefits: Compensation for lasting impairment after you reach maximum medical improvement (meaning your condition is not expected to improve further). These benefits are based on your medical impairment rating and how the injury affects your ability to work.
- Permanent Total Disability (PTD) benefits: Benefits paid when a work injury leaves you permanently unable to return to gainful employment. If approved, these benefits are typically paid at the same rate as temporary disability benefits and may continue for an extended period.
- Vocational rehabilitation benefits (in some cases): Job training or retraining services if you are unable to return to your previous type of work because of your injury-related restrictions.
- Death benefits: If a workplace injury results in death, surviving family members may be entitled to weekly income benefits, along with payment toward funeral expenses up to the amount allowed under Kentucky law.
Can You Sue Your Employer for an OSHA Violation?
Many injured employees assume that if their employer violated OSHA regulations, they automatically have the right to file a lawsuit against the company. In most cases, that is not true.
Kentucky workers’ compensation laws generally make workers’ compensation the exclusive remedy for workplace injuries. This concept is often referred to as the “exclusive remedy rule.” This system is a “trade-off,” where employees gain access to benefits without having to prove negligence, but, in exchange, give up the right to sue their employer.
Therefore, even if an OSHA investigation finds that safety regulations were violated, an injured worker must generally pursue compensation through the workers’ compensation system rather than a personal injury lawsuit against their employer.
Can Someone Other Than Your Employer Be Liable for a Workplace Injury?
Although Kentucky workers’ compensation laws generally prevent injured employees from suing their employers for workplace accidents, another party may sometimes share responsibility for the injury.
For example, a defective machine may have caused the accident. In that situation, the manufacturer of the equipment could potentially bear responsibility. Similarly, construction accidents frequently involve multiple contractors and subcontractors working on the same job site. A negligent subcontractor may create dangerous conditions that injure workers employed by another company, which could result in a claim for personal injury against the contractor or their sub.
Other examples may include:
- Property owners who fail to maintain reasonably safe premises
- Outside vendors or maintenance companies that perform negligent repairs or work
- Negligent drivers who cause work-related vehicle accidents
In these situations, an injured worker may have a workers’ compensation claim and a separate personal injury claim against the responsible third party.
OSHA investigations can sometimes help identify these claims. An OSHA investigation may uncover facts that help explain how the accident occurred. Investigators may identify hazardous conditions, safety failures, defective equipment, or other evidence that points to negligence by a third party. While an OSHA citation does not automatically establish liability, the findings may help an attorney identify additional avenues for recovery.
Workers’ Compensation Claims vs. Personal Injury Lawsuits
Workers’ compensation claims and personal injury lawsuits serve different purposes and are governed by different legal standards. The key differences can be summarized as follows.
Workers’ Compensation Claims:
- No need to prove fault or negligence
- Available for most work-related injuries
- Limited to benefits defined and set by Kentucky law
- Typically includes medical treatment, wage replacement at 66.67%, and future disability benefits
- Medical expenses are paid directly to the medical provider
- Settlements and awards are not required to be paid in a lump sum
- Does not include pain and suffering
Personal Injury Lawsuits for Workplace Injuries:
- Requires proof of negligence or fault by a non-employer/non-coemployee third party
- Only available in certain situations, such as when a third party caused or contributed to the workplace accident
- Almost always paid in a lump sum
- Can include broader compensation, such as full lost wages, lost earning capacity, and past and future medical expenses
- Includes compensation for pain and suffering and emotional distress
One important thing to keep in mind is that if a negligent third party causes a work-related injury, the injured worker can pursue both a personal injury lawsuit and workers’ compensation benefits at the same time. These dual claims are extremely complex, and there is a huge amount of overlap between them, so it’s ideal to retain an attorney who can handle both! The attorneys at Justice Injury Law specialize in dual workers’ compensation and personal injury claims. We are recognized experts in resolving the complex issues these types of cases present.
How a Kentucky Workers’ Compensation Lawyer Can Help
Many workers assume that obtaining workers’ compensation benefits is simply a matter of submitting paperwork and waiting for benefits to arrive. Unfortunately, the process is not always that straightforward and is often extremely adversarial.
Workers’ compensation claims are frequently disputed. Insurance companies frequently challenge whether an injury is work-related, question the need for certain medical treatment, or dispute the extent of a worker’s disability.
Common issues that arise include:
- Claim denials
- Delayed benefits
- Underpayment of lost wages (TTD)
- Disputes regarding medical treatment
- Challenges to disability ratings
- Disagreements over return-to-work restrictions
When disputes occur, injured workers may be required to participate in hearings and other legal proceedings to protect their rights.
If you were hurt in a workplace accident, an experienced workers’ compensation attorney can help guide you through the aftermath. This includes gathering evidence, filing your workers’ comp claim, communicating with the insurance carrier, preparing for hearings, and advocating for the benefits you are entitled to at every step.
Just as importantly, an attorney can investigate whether additional claims may exist, such as when a defective product, negligent subcontractor, or unsafe property condition contributed to the injury.
If You Were Hurt at Work Due to a Safety Violation, Contact Justice Injury Law
If you were injured on the job and believe a safety violation contributed to the accident, it is important to understand your legal rights.
While OSHA violations generally do not determine whether an injured worker qualifies for workers’ compensation benefits in Kentucky, they can sometimes affect the amount of benefits available. OSHA investigations may also uncover evidence that another party contributed to the accident, potentially supporting a separate claim for compensation beyond workers’ compensation benefits.
At Justice Injury Law, we represent injured workers throughout Kentucky. Our team helps workers pursue the benefits available through the workers’ compensation system while thoroughly investigating whether additional claims may exist. Our firm has recovered millions of dollars for injured clients and is committed to providing clear guidance, strong advocacy, and personalized representation throughout the claims process.
If you suffered a workplace injury, contact us today for a free consultation. Our Kentucky workers’ compensation attorneys can evaluate your situation, explain your legal options, and help you pursue the compensation you deserve.