When an employer violates OSHA safety regulations, the consequences can be life-altering for injured workers—and expensive for companies. But not all violations are created equal. Some stem from ignorance or poor training, while others are the result of outright disregard for human life. That’s where the difference between a willful violation and a serious violation comes into play.
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In Illinois, if you’re hurt on the job because of a safety violation, you may be entitled to workers’ compensation benefits. In some cases, additional claims may also apply. Knowing the difference between a willful and a serious violation can help you, and your workers’ comp attorney, determine how to proceed.
Willful vs. Serious OSHA Violations: What’s the Difference?
A serious violation occurs when an employer knew or should have known about a workplace hazard that could result in serious injury or death—but failed to fix it. There’s negligence, but not necessarily intent.
A willful violation is more severe. This happens when the employer knowingly ignored OSHA safety regulations or showed reckless disregard for employee safety. The law doesn’t require an actual injury to classify a violation as willful—just proof that the employer consciously violated the rules.
Key Difference: Negligence (serious) vs. Intentional disregard (willful).
The Four Types of OSHA Workplace Violations
OSHA is responsible for enforcing safety rules and regulations in all workplaces across the U.S. The agency inspects workspaces and sites periodically. It may also perform an inspection upon receiving safety complaints from employees. These inspections may reveal OSHA safety rule violations that fall into four main categories.
Willful Violations
Willful violations are the most serious forms of violations. They occur when employers knowingly breach OSHA rules or show indifference to workers’ health and safety. A single violation of this nature attracts up to $145,027 in fines. The violation turns into a criminal offense if it causes an employee’s death. It can carry up to $500,000 in fines or up to six months in prison, or both.
Willful violations fall into three categories:
- Deliberate Disregard: This category covers intentional refusal to adhere to safety rules and regulations. An example is when an employer was aware of OSHA codes and purported workplace hazards but decided to take no action. Another example is when an employer did not know of OSHA codes, but knew of related legal regulations and the existence of harmful conditions in the workplace, yet decided to take no action.
- Plain Indifference: This violation refers to a lack of interest or cares for employee well-being and safety. An example of this is when the management is aware of a dangerous workplace condition but does not take reasonable steps to address it. Another example is when an employer has no prior knowledge of unsafe conditions in the workplace but makes no effort to acquire the relevant knowledge.
- Criminal Willful Violation: This category covers incidents where the employer’s actions (or inaction) kill an employee.
Serious Violations
A serious OSHA violation occurs when an employer knows that a workplace hazard might injure or kill employees, but does not address it. Think: failing to provide fall protection on scaffolding, or not locking out live electrical panels during maintenance. A serious violation carries up to $15,625 in fines per violation.
OSHA inspectors can adjust penalties depending on the gravity of each specific violation, the employer’s track record, and acts of good faith. The company’s size may also affect the severity of penalties. Failure to build and install quality safety systems to protect employees working on elevated structures from falls qualifies as a serious violation of OSHA rules.
Other-Than-Serious Violations
This category covers OSHA violations that are unlikely to result in serious injuries or fatalities but impact employee safety and well-being. Data from the United States Department of Labor shows that this category carries up to $15,625 in fines per violation. OSHA inspectors can, however, decide not to impose a fine or slash it by up to 95%.
The level of cooperation of the employer, the company’s size, and the severity of the violation usually determine the seriousness of the penalties imposed. An example of an other-than-serious violation is the failure to give lower-level supervisors and employees copies of safety rules and procedures.
Repeated Violations
A repeated violation occurs when OSHA inspectors have previously found an employer to be in contravention of a similar or related rule or regulation. As such, this category carries the same level of seriousness as willful violations. Each violation can result in a fine of up to $145,027.
A repeated violation applies if OSHA has issued a final original citation. Inspectors cannot cite a repeated violation for a similar or related offense if the employer has challenged the original violation and is waiting for a final OSHA decision.
Besides adhering to specific safety protocols, your employer has a general duty to protect you from recognized workplace hazards that might harm or kill you. The OSHA Act of 1970 spells out this duty under the general duty clause. You are entitled to compensation if you suffer injuries or lose a loved one due to an employer’s violation of OSHA safety standards.
Can You File a Personal Injury Lawsuit for an OSHA Violation?
Not usually. Illinois workers’ compensation laws prohibit most lawsuits against employers for on-the-job injuries. Even if your employer violated OSHA rules, you typically can’t sue them directly. Many courts have further ruled that an OSHA violation does not lift the bar on private claims against employers. However, there are exceptions:
- If your employer’s conduct was egregiously willful and caused death, criminal charges may apply.
- If a third party (e.g., subcontractor or equipment manufacturer) caused or contributed to your injury, you may be able to file a personal injury lawsuit against that party.
Third-party claims are usually prevalent among construction workers injured on the job. An example is when a construction worker gets electrocuted after touching an incorrectly installed power cable. In this scenario, the injured worker could initiate a workers’ comp claim for their injuries and a separate personal injury claim against the liable electrical contractor or the contractor’s employer. A workers’ comp attorney can help you determine fault in a construction accident and hold the appropriate party liable.
The Relationship between OSHA Violations and Workers’ Compensation Claims
A link between OSHA violations and workers’ compensation claims might arise when an employee gets injured at work. However, OSHA and workers’ comp are two separate programs that protect the interests of employees. OSHA ensures employee safety and well-being in the workplace. Workers’ compensation, on the other hand, protects an employee’s right to compensation for medical bills and other losses stemming from a workplace injury or illness.
An OSHA violation might render a workplace dangerous. The violation cannot make you eligible to obtain additional compensation or prevent you from obtaining compensation. You can, however, use the violation as proof in a separate third-party claim if someone other than your employer was responsible for the OSHA violation that caused your injury.
Serious or Willful Violation: Why It Matters
Whether your employer’s OSHA violation was serious or willful, the consequences can be catastrophic for you and your family. You may be entitled to compensation for:
- Medical treatment
- Lost wages
- Vocational rehab
- Permanent disability
A lawyer can help make sure you’re not leaving money on the table—or stuck footing the bill for someone else’s negligence. They can help protect your rights and fight for maximum workers’ compensation benefits on your behalf.
