Petrillo & Goldberg
Excels for our clients
Talk to an Attorney
Get a Free Case Evaluation
Close

Can an employer’s intentional violation of a federal safety rule impact a workers’ compensation claim?

Maybe. If the injured employee can show an intentional tort or wrongdoing by the employer, the employee can file a tort or personal injury lawsuit against the employer. Normally, the employee is limited to a workers’ compensation claim against the employer. In the workers’ compensation claim, the employee is limited to the amount of lost wages they can recover, and the employee cannot recover for pain and suffering.

To escape the exclusive remedy of workers’ compensation, the employee must show that the employer acted intentionally. To show intent, the employee must prove that the employee’s injury would result from the employer’s conduct. A single violation of the Occupational Safety and Health Administration (OHSA) standard may not be sufficient, while a repeated failure to correct a safety violation may swing the result in the employee’s favor.

Other Frequently Asked Questions:

Call US AT 856.486.4343
TESTIMONIAL

I have dealt with other law firms, and there is no comparison. It is an honor to know you and I must say, that I have the highest regard for your integrity.

- Lance Zeaman

TRUST

Meet our Attorneys

The highly competent lawyers at Petrillo and Goldberg represent clients with personal injury claims, workers compensation claims, slip-and-fall cases and automobile accident victims. We work for you, and take our job of getting the best possible results for you seriously.

Scott M. Goldberg

PROFILE

Steven Petrillo

PROFILE

Scott D. Schulman

PROFILE

Jeff Thiel

PROFILE