Work Injuries & Accidents

Personal Injury Attorneys

Home Work Injury OSHA Violation

OSHA Violation Lawyer in Wilmington

Did Your Employer Violate OSHA Standards?

The Occupational Health and Safety Act was enacted by Congress in 1970. Its intent was to provide a safe and healthy work environment for all employees in the country. Several states have enacted their own OSHA plans and statutes, including North Carolina.

OSHA violations are often at the center of construction site accidents that seriously injure workers. If you were injured at work, speak to a Wilmington construction litigation attorney at Rhine Law Firm, P.C. Among our legal team we have a licensed general contractor in the state of North Carolina and an authorized OSHA trainer. We have successfully handled many complex construction injury cases, and we can advise you of your best options. Please call (910) 772-9960 to schedule a consultation today.

OSHA in North Carolina

While OSHA is a federal Act, many states adopted their own plans. North Carolina created the Occupational Safety and Health Act of North Carolina, or OSHANC. The North Carolina Department of Labor oversees compliance with OSHANC through the North Carolina Occupational Safety and Health (NC OSH) Division. They hold employers responsible for the safety of all individuals on the worksite, even if they are employed by someone else. This is important on construction sites as contractors and sub-contractors are often required to perform certain duties, though they are not employed by the main employer on the site.

If an employee is injured due to dangerous work conditions or any other violation of OSHANC, he or she may file a lawsuit against the party that caused the injury.

OSHANC is virtually the same as the federal Act, but it does differ from other states. While other states operate on the legal concept of negligence per se in regards to OSHA, North Carolina does not. Negligence per se dictates that if a defendant violates any statute within the Act, they are guilty of negligence and no further proof is needed.

However, under OSHANC, proof that a violation has occurred is only part of the case. The defendant and plaintiff will be required to have their case heard before a jury, who will then decide if negligence was a factor. The defendant will only be considered guilty if the jury determines that they did not provide a reasonable standard of care to the plaintiff.

Contributory Negligence and OSHANC

In North Carolina, contributory negligence is a major factor in personal injury claims. This legal statute dictates that if a plaintiff was partly to blame for his own injuries, even 1% at fault, he cannot receive any compensation through a lawsuit.

Contributory negligence is taken into consideration for workplace accidents even when there has been a violation. For example, if an OSHA standard is violated on a worksite and the employer pointed out the danger to workers, but one worker forgets and is injured by the violation, the defense team would argue that the victim knew about the danger, and thus was partially responsible for his own injuries and barred from recovery in a lawsuit.

The Importance of Speaking to a Construction Lawyer

Cases that involve OSHA violations are complicated, particularly in North Carolina. For this reason, anyone who has been hurt on a job site should speak to a Wilmington personal injury attorney right away.

At Rhine Law Firm, P.C., we have experience working with OSHA violations. If you have been injured, call us today at (910) 772-9960. There may be compensation available for your injuries, and we want to help you get it.

Additional Information

“They worked hard for me after I was involved in an auto accident. I appreciate their efforts and making me feel like family.”

ReviewerFive Stars

-Becky, posted at Google Review

When it Really Matters When it Really Matters

Contact Rhine Law Firm, P.C.

Working with our firm means your needs will be met and your questions answered by someone who knows your name and the details of your case — every time you call.

Contact Rhine Law Firm, P.C., at (910) 772-9960 or (866) 772-9960 toll free for a free initial consultation. Evening and weekend appointments upon request. Office hours 8:30 a.m. to 5 p.m. Evening and weekend appointments also available. We also offer Spanish interpretation and translation services.

Rhine Law Firm, P.C.

1612 Military Cutoff Road, Suite 300
Wilmington, NC 28403
Toll Free: (866) 772-9960
Phone: (910) 772-9960
Fax: (910) 772-9062

Rhine Law Firm

Connect With Us

We Hold the Highest Possible Ratings from Professional Organizations:

Based in Wilmington, North Carolina, Rhine Law Firm, P.C. represents clients statewide. We Regularly Meet With Clients After 5 P.M. And On Weekends

*Disclaimer: This is an advertisement by Rhine Law Firm, P.C., 1612 Military Cutoff Rd., Suite 300, Wilmington, North Carolina, 28403. The Rhine Law Firm, P.C., is licensed to practice law in the state of North Carolina and does not seek to practice in any other state or jurisdiction. To the extent that you reside in a state other than North Carolina, the Rhine Law Firm, P.C., may associate counsel licensed to practice law in that jurisdiction if necessary to comply with any and all rules of professional conduct.

No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. This advertisement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, either express or implied. Prior outcomes do not guarantee any future results. The choice of a lawyer is an important decision that should not be based solely on advertisements. Do not rely on this advertisement in making any medical decision. Please call your physician before making any medical decision, including altering your use of any drug or treatment.

© 2019 Rhine Law Firm, P.C. - All Rights Reserved. Disclaimer | Privacy Policy | Sitemap | Website Design and Legal Internet Marketing by SLS Consulting

Contact Rhine Law Firm, P.C.

During a free consultation, we will look at the important aspects of your case, answer your questions, and explain your legal rights and options clearly. Our attorneys also remain available to our clients via phone, email and other means, ultimately focused on doing what is truly in their best interests.

Free Consultation Form