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Workers' Compensation - OSHA

Karns & Kerrison

Although this case was not handled by the Karns & Kerrison, we found it interesting and wanted to share it with our readers here on the blog.

An injured worker cannot sue OSHA for its failure to ensure that his employer corrected workplace safety violations, the 11th Circuit has ruled.

The plaintiff was employed by a private roofing contractor and was working at a mobile home manufacturing plant. He was seriously injured when he fell from the top of a mobile home. One year before the accident, OSHA had issued a citation against both the plaintiff's employer and the plant for failing to provide adequate fall protection, but the problem had not been corrected.

The court explained OSHA did not create the danger but simply tried to stop it.

The result would be the same in Rhode Island, the injured worker can collect worker's compensation but cannot sue his employer and OSHA cannot be sued as OSHA owes no duty to the injured worker.

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