Often, clients ask me about the relevance of OSHA to their workers’ compensation case. I must admit that I rarely, if ever, hear other Georgia workers’ compensation attorneys discuss OSHA. A client recently talked about filing an OSHA complaint against his employer after being injured. I was surprised to learn that OSHA’s Southeast Region headquarters is located here in Atlanta, GA. OSHA’s website can be found here: http://www.osha.gov/
What is OSHA? OSHA is a federal agency charged with reducing job injuries, work illnesses, and on the job deaths. It was formed in 1970 by President Richard Nixon and is part of the United States Department of Labor. OSHA conducts routine safety inspections as well as investigations when a worker / employee suffers a catastrophic injury or death.
The relevance of OSHA to Georgia’s workers’ compensation laws is minimal, at best. However, the results of an OSHA investigation could become relevant in a controverted case if an employer disputes an injured workers’ claim for benefits. Workers’ compensation law in Georgia does not contain any additional penalties against employers based on OSHA investigations. Likewise, there are no additional benefits for employees based on OSHA violations. However, OSHA investigations and violations could become highly relevant in personal injury cases brought by an injured employee after suffering a job injury. When a worker is injured because of faulty machinery, a factory accident, or a construction accident, the results of an OSHA investigation may become a rich source of evidence.
