New York Personal Injury Attorneys

Failure to Abate Violations Attorney in New York

The Occupational Safety and Health Administration (OSHA) sets regulations that govern workplace safety. When a safety inspector detects a violation of OSHA regulations, he or she will note that a failure to correct the issue that caused the violation is a failure to abate. Issues not resolved resulting in a failure to abate likely leave the employer liable for workplace injuries.

If you or someone you know has suffered a wrongful injury or death after an employer’s failure to abate, you may be eligible for compensation. This is because the employer knew of the safety violation and did not correct it. Contact the New York personal injury attorneys at Sullivan Papain Block McManus Coffinas & Cannovo (SPBMCC) for a free consultation today.

Why Choose SPBMCC Personal Injury Law Firm?

SPBMC is dedicated to serving the workforces of New York and New Jersey as a full-service personal injury law firm. We work in several areas of personal injury, but are especially passionate about justice for workers who risk their lives. In addition to serving as lead counsel for rescue workers from 9/11, we also serve as general counsel for the Uniformed Firefighters Association of Greater New York. Why choose SPBMC for your personal injury case?

  • We have recovered more than $2 billion in settlements for our clients, just in the last 10 years.
  • We work on a contingency-fee basis. This means you do not pay out of pocket. You only pay for our legal services if you reach a settlement or we obtain a verdict, at which point we take a fair percentage-based fee.
  • We work with a large number of construction-related cases.
  • We have the reach of a big firm, but also the compassion and connection of a small firm, providing our clients with one-on-one attention.

What Is Failure to Abate?

When a safety inspector finds an OSHA violation on a job site or at a workplace, he or she requires notation/written warning at the site of the violation. It is also required that these violations be corrected within a set parameter of time. That amount of time varies depending on the severity of the violation. Eventually, a follow-up inspection will catch the employer in the act of further violation. While this is important, it does not take away from the fact that employees often suffer injuries during the time between the violation notice and any delayed repairs. What are instances where the employer is liable due to a failure to abate?

  • The employer knew about the violation but chose not to right it.
  • The employer knew about the violation but chose not to post a written warning at the site of the area affected by the violation.

What Do Inspectors Look For?

OSHA inspections have a hierarchy of importance. The three most important areas in this hierarchy are imminent danger situations; causes of severe illness and injury; and direct employee complaints and referrals. These are reasons for swift action of inspection, investigation, and notating a violation. Additionally, scheduled or programmed maintenance occurs, such as targeted inspections, and follow-up inspections. Employees who know of dangerous working conditions may report them directly to OSHA to help prevent workplace injury and avoid uncomfortable situations with the employer that is in violation of the regulations.

Finding Legal Help for Workplace Injuries

If you or someone you love experienced injury at work due an employer’s failure to abate after an OSHA violation, you may be eligible for compensation. When you are not aware of or cannot avoid workplace danger due to no fault of your own, the liability likely falls on someone else. Settling for compensatory damages may ease the burden of medical expenses, in addition to lost wages and pain and suffering. Contact the attorneys at SPBMCC for a free consultation.