Padilla Law Group, LLP

Southern California company fined for safety violations

California's workers are protected by laws and regulations meant to ensure workplace safety. Unfortunately, employers often fail to adhere to these rules. When they fail to do so, they put their employees at risk of being seriously injured. Those who are unfortunate enough to suffer work-related injuries can also be subjected to significant financial losses. Medical care costs can be enormous, and lost wages from the time a worker is unable to return to work can leave him or her struggling to make ends meet.

Some may find it disconcerting how common safety violations are in the workplace. For example, one roofing company in Escondido has been cited six times by Cal/OSHA in the last four years alone. Their most recent violation involved failing to ensure that workers are equipped with proper safety harnesses while working on the roof of a home. This is troubling for a number of reasons, but one is the fact that a fall from such a height could prove deadly.

The company's previous violations were tied to failure to ensure that workers were adequately equipped with fall protections and trainings. After its first violation a worker fell from a ladder, resulting in head injuries. This is especially troubling because the company obviously hasn't learned its lesson, and falls are the number one cause of construction site deaths.

Although workers who are injured on the job may be able to recover workers' compensation, they must meet certain legal elements. Although negligence is not one of those elements, a worker must show that he or she was performing his or her work duties at the time of the incident and was not engaged in "horseplay." Sometimes negligence by a third party contributes to the accident, like when safety equipment is defective. In these instances, a third-party personal injury lawsuit can be pursued to assist in covering other damages, including but not limited to pain and suffering.

Companies like the one mentioned above need to be held accountable for their actions. Although a worker may not be able to file a lawsuit against his or her employer when an injury is suffered, he or she can make sure to recover the compensation to that which they are entitled. Hopefully their claim will help provide them with financial stability and shine a light on the incident that left them injured.

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