The Role of OSHA Violations in Workplace Accident Lawsuits in California

Workplace accidents often occur due to unsafe working conditions or employer negligence. When an employer fails to follow safety regulations established by Cal/OSHA (California Division of Occupational Safety and Health) or federal OSHA, and an employee is injured or killed, these violations can play a significant role in a workers’ compensation case or third-party personal injury lawsuit. OSHA citations can serve as critical evidence of negligence and influence the outcome of legal claims.

This guide explains the role of OSHA violations in workplace accident lawsuits in California and how they may impact compensation.

1. What is Cal/OSHA and How Does it Relate to Federal OSHA?

Cal/OSHA

  • Cal/OSHA is California’s state-level agency that enforces workplace health and safety regulations.
  • It provides additional protections that exceed federal OSHA standards.
  • Cal/OSHA conducts inspections, issues citations, and levies fines for safety violations.

Federal OSHA

  • Oversees workplace safety nationwide, but California operates its own program (Cal/OSHA) with state-specific safety requirements.

Example: A factory worker is injured due to exposed electrical wiring. Cal/OSHA later cites the employer for a serious violation of electrical safety standards.

2. How OSHA Violations Strengthen a Workers’ Compensation Claim

While California’s workers’ compensation system is generally “no-fault” (meaning you don’t need to prove employer negligence to receive benefits), an OSHA violation can still benefit your case by:

  • Supporting your narrative of unsafe working conditions.
  • Leading to fines or enforcement actions against your employer, pressuring them to settle claims faster.
  • Helping demonstrate gross negligence in certain cases, which could entitle you to additional remedies (e.g., serious and willful misconduct penalties).

3. Serious and Willful Misconduct Claims

Under California Labor Code § 4553, injured workers may seek a 50% increase in workers’ compensation benefits if they prove that the employer’s actions constitute serious and willful misconduct.

How OSHA Citations Help Prove Serious and Willful Misconduct:

  • A Cal/OSHA citation for a “serious violation” may be used as evidence of reckless disregard for employee safety.
  • Employers found guilty of intentionally ignoring safety regulations could face additional penalties.

Example: A construction company ignores repeated warnings about unsafe scaffolding, leading to a fatal fall. The surviving family could seek enhanced benefits based on serious and willful misconduct.

4. OSHA Violations and Third-Party Personal Injury Lawsuits

In certain cases, injured workers can file a third-party lawsuit against someone other than their employer, such as:

  • Property owners
  • Subcontractors
  • Equipment manufacturers

How OSHA Violations Support a Third-Party Claim:

  • OSHA citations against a subcontractor or property owner can be used to establish liability and breach of duty.
  • Plaintiffs may use OSHA reports to show that a third party failed to maintain a safe environment.

Example: A warehouse employee is injured when shelving collapses due to improper installation by a subcontractor. An OSHA violation against the subcontractor helps the injured worker win a third-party lawsuit.

5. Can OSHA Violations Lead to Punitive Damages?

Yes. While workers’ compensation does not allow punitive damages, OSHA violations can contribute to punitive damages in third-party lawsuits if the defendant:

  • Knowingly violated safety laws or
  • Engaged in grossly negligent conduct

Punitive damages are designed to punish and deter reckless behavior.

6. What Types of OSHA Violations Can Impact a Case?

1. Serious Violations

  • Employer knew or should have known about a hazard that could cause serious injury or death.

2. Willful Violations

  • Employer intentionally disregarded OSHA regulations or showed indifference to worker safety.

3. Repeat Violations

  • The employer previously committed the same or similar violations.

4. Failure to Abate

  • The employer failed to fix a previously cited hazard.

Common Violations in California Workplace Accidents:

  • Fall protection failures (common in construction).
  • Hazardous machine guarding violations (manufacturing).
  • Lockout/tagout failures (preventing equipment from starting during maintenance).
  • Exposure to hazardous chemicals without proper protective equipment.
  • Failure to provide adequate training on workplace safety.

7. OSHA Investigations Can Lead to Critical Evidence

OSHA investigations often generate important documents such as:

  • Citation reports
  • Safety inspection findings
  • Witness statements
  • Photographs and diagrams of hazards
  • Employer correspondence

These documents can strengthen both workers’ compensation and civil claims.

8. How Employers Defend Against OSHA-Based Claims

  • Employers may argue that an OSHA citation is unrelated to the specific injury.
  • They might claim the worker violated safety policies or acted negligently.
  • Some employers may challenge the validity of the OSHA citation through an appeal.

A workplace injury attorney can counter these defenses by using expert testimony and OSHA records to show negligence.

9. Why Hiring an Attorney is Crucial

OSHA violations are complex legal matters, and proving serious and willful misconduct or third-party liability requires:

  • Legal knowledge of California workers’ compensation and personal injury law
  • The ability to subpoena OSHA records and inspection reports
  • Expert witnesses to interpret OSHA regulations and prove how violations caused the injury

An experienced attorney can maximize your compensation by using OSHA violations strategically in negotiations or trial.

Conclusion

OSHA violations can play a pivotal role in California workplace accident lawsuits by helping prove negligence, serious and willful misconduct, or third-party liability. Whether you are pursuing workers’ compensation benefits or filing a personal injury lawsuit, OSHA citations serve as powerful evidence that can increase your settlement or verdict. To fully leverage these violations, it is crucial to consult a knowledgeable San Diego work injury attorney.

References

  • California Labor Code § 4553. (2023). Serious and willful misconduct claims. Retrieved from https://leginfo.legislature.ca.gov
  • California Division of Occupational Safety and Health (Cal/OSHA). (2023). Safety citations and enforcement actions. Retrieved from https://www.dir.ca.gov/dosh
  • Federal Occupational Safety and Health Administration. (2023). Violation types and workplace accident investigations. Retrieved from https://www.osha.gov