Don’t let safety lawsuits ruin your business.
Thousands of workers suffer job-related injuries every year. When those injuries happen to your employees, you as a business owner can be faced with regulatory fines and lawsuits that threaten to destroy your business. Punitive damages and pain and suffering lawsuits can bankrupt profitable businesses.
The problem is most employers ignore safety compliance until it’s too late.
In this Safety Guide for Business Owners, you will learn the most important information regarding workplace safety compliance and ways to prevent your business from becoming a legal horror story.
You’ll learn:
- What pain and suffering damages are
- How much non-compliance can cost you
- How to build a safe workplace
- What to do after a workplace accident
Let’s dive in.
What Are Pain and Suffering Damages?
Pain and suffering damages are sought after by injured workers in the case of a workplace accident injury. When awarded by a judge or jury, pain and suffering damages go beyond basic lost wages and medical bills to compensate the injured worker for intangible losses.
This includes:
- Pain and emotional distress caused by the injury
- Decreased ability to enjoy life after the injury
- Long-term mental health consequences
Pain and suffering damages can reach 6 or 7 figures depending on the severity of the injury. Anything that can impact an employee’s ability to enjoy their normal life can factor into pain and suffering damages.
Courts also consider things like how severe the accident was and whether the employer violated safety standards when determining if the employer should pay damages. Business owners who don’t follow basic safety compliance guidelines can expect to lose if their negligence leads to pain and suffering damages lawsuits.
Business Safety Programs Matter
Safety programs matter because they can prevent accidents before they happen. Taking the time to implement a safety program shows a judge that you take your employee’s safety seriously.
If a preventable accident does happen, your safety program can be used as proof that you took reasonable measures to prevent pain and suffering.
The True Cost of Safety Non-Compliance
Safety compliance isn’t cheap, but non-compliance is far worse.
Employers reported a shocking 2.5 million cases of injury and illness in private industry in 2024 according to the Bureau of Labor Statistics. Millions of accidents cost businesses money every year in lost productivity, legal fees, and regulatory fines.
The Occupational Safety and Health Administration takes OSHA violations seriously. OSHA can fine employers up to $165,514 per willful or repeated safety violation as of January 2025. That’s a hefty sum for a single fall protection violation.
Employees killed on the job are automatically cited $136,532. For smaller businesses, this can be devastating.
These fines don’t even include the costs associated with pain and suffering lawsuits and workers compensation claims.
Here are some examples of how injuries can affect your bottom line:
- Lawsuits and Legal Fees – Pain and suffering lawsuits are some of the most expensive fees you will face as a business owner. Some cases can cost well into 6 figures.
- Workers Compensation Claims – Subsequent injuries will raise your workers comp premiums.
- Lost Production – Injured workers are often unable to come to work for weeks or months after an injury. You will still have to pay their wages while they’re out.
- Reputational Harm – Other companies may think twice before doing business with a company that doesn’t value its workers.
This doesn’t even cover downtime or lost productivity. One incident can start a chain reaction that affects your business financially and even cost you employees.
How To Build a Safety-First Business
Building a business that prioritizes safety and compliance is actually pretty simple.
The problem is most businesses don’t do it.
Businesses that have faced pain and suffering lawsuits or hefty OSHA fines aren’t properly training their staff or assessing risks. Safety doesn’t happen by accident.
Employers who have implemented a strong safety program see drastically lower incident rates and keep OSHA fines at bay.
Need some ideas? Here are some ways to start building your safety-first business today.
Conduct Routine Risk Assessments
Every workplace has the potential for property damage, injury, or death. Employers have a duty to their staff to provide a safe working environment.
Walk through your workplace every month and take note of potential safety risks.
Here are some questions to ask yourself:
- Is there anything about this workplace that could cause injury?
- Are employees following proper safety protocol?
- Is equipment stored safely and correctly?
Fixing these problems when they’re small will ensure that they don’t come back to bite you later. Failure to conduct routine safety inspections can increase your OSHA fines by 10%.
Provide Continuous Training
Training shouldn’t be a one time event. Ongoing safety training can reduce the likelihood of workplace accidents.
OSHA recommends training every three years, but quarterly or monthly training is recommended.
When training employees, make sure they are trained on issues that pertain to their job duties. Using forklifts? Train employees on proper lifting technique and forklift operating procedures.
Once training is complete, document it. If a lawsuit is filed against your company, those records could be crucial to your defense.
Safety Records Are Your Friend
Similar to training records, safety records can help you avoid lawsuits and OSHA fines.
OSHA requires employers to keep a log of all workplace injuries and illnesses. That includes minor injuries that don’t result in lost time from work.
Small businesses should keep their own internal log of monthly inspections, equipment issues, and employee training.
Safety reports can help you identify trends and implement workplace safety measures before accidents happen.
Keep Up With OSHA Standards
OSHA updates its safety standards and penalties yearly. Make sure you’re up to date on the latest changes.
The top 10 most cited OSHA violations of 2024 didn’t change drastically from last year’s list.
Fall protection alone was the most cited violation in fiscal year 2024 with 7,232 violations.
Use this list to cross check your safety standards with OSHA’s latest requirements.
What To Do if You’re Involved in a Workplace Accident
Despite your best efforts, accidents will happen.
When they do, you need to know how to respond accordingly. Every workplace accident should be treated as a serious matter.
Follow these steps if an accident occurs:
- Secure the area to prevent further injury.
- Seek medical attention for injured workers.
- Document the incident and take photos of the area.
- Report the incident to OSHA within their guidelines. Death must be reported within 8 hours and in-patient hospitalizations within 24 hours.
- Investigate and correct the cause of the accident.
Ignoring or covering up a workplace accident can increase the awarded pain and suffering damages during trial. The best thing you can do is be proactive and transparent.
Safety Guide for Business Owners Takeaway
Workplace safety should be every employer’s number one priority. When you neglect your duty to provide a safe working environment, you open your business up to lawsuits and fines.
Remember:
- Pain and suffering damages can ruin your business
- Safety programs cost money but can prevent accidents before they happen
- Providing a safe workplace is your responsibility as a business owner
- Training documents and safety records can reduce your liability
- Even when you do everything right, accidents will happen
If your employees are as important as your bottom line, build a safety program that protects both.
