Texas Employer OSHA Violation Injury Lawyer

When OSHA investigates a serious Texas workplace injury and issues a citation, that citation is more than a regulatory penalty — it is evidence. A Texas employer OSHA violation injury lawyer at McFarlane Law uses OSHA violations to prove negligence per se, establish corporate liability, and unlock exemplary damages. Our firm has recovered more than $100 million for injured Texans and regularly works with former OSHA inspectors as expert witnesses. If OSHA has cited your employer or a contractor on your jobsite, that citation may be the cornerstone of a successful third-party or non-subscriber civil case.

How OSHA Investigates a Texas Workplace Injury

OSHA generally investigates any Texas workplace fatality, hospitalization of three or more workers, amputation, or loss of an eye — and many serious injuries involving complaints from workers or unions. The investigation process typically includes an opening conference with the employer, a walkaround inspection of the incident location, interviews with management and employees, document requests for safety programs and training records, and a closing conference to present findings. Citations are typically issued within six months and categorize violations as “serious,” “willful,” “repeat,” or “other-than-serious,” with penalties ranging up to $165,514 per willful or repeat violation as of 2025. The full inspector’s file — notes, photographs, witness interviews — is accessible via Freedom of Information Act requests and is far more detailed than the public citation.

OSHA Citations as Civil Evidence in Texas

OSHA citations generally cannot be used as conclusive proof of negligence in a Texas civil case, but they are frequently admissible as evidence that supports negligence per se — the doctrine that says a statutory violation proves breach of duty. More importantly, OSHA citations often establish knowledge: the employer knew or should have known about the dangerous condition, knew or should have known the applicable safety standard, and chose to proceed anyway. That pattern supports gross negligence findings and opens the door to Texas exemplary (punitive) damages under Chapter 41 of the Texas Civil Practice and Remedies Code. McFarlane Law weaves OSHA findings into the broader civil case narrative to maximize both compensatory and punitive recovery.

When the Employer Has a Long OSHA History

Some Texas employers are chronic OSHA violators. When the investigation reveals a pattern of prior citations for the same hazard, prior injuries or fatalities, ignored abatement orders, or falsified training records, the civil case transforms. Texas jurors punish employers who treat worker safety as a line item — and Texas law supports punitive damages specifically to deter that conduct. McFarlane Law routinely searches OSHA’s public establishment-search database, subpoenas the employer’s internal safety and injury records, and pulls incident reports from state workers’ comp filings to build a complete picture of the employer’s safety track record. That history often makes the difference between a modest settlement and a case-changing verdict.

Protecting Your Rights After an OSHA Investigation

Injured Texas workers need to be strategic about OSHA communications. You are free to talk to OSHA, and your testimony is often essential to the agency’s investigation. But you should never give a recorded statement to your employer’s insurance carrier or a company investigator without talking to a lawyer first. OSHA’s whistleblower program (Section 11(c)) protects workers from retaliation for reporting unsafe conditions — but the 30-day deadline to file a retaliation complaint is short and easy to miss. McFarlane Law advises injured workers and their families on every step: what to tell OSHA, what to decline, how to preserve your civil claims, and how to exercise your whistleblower rights without harming your underlying injury case.

Related Practice Areas

Related: Texas construction accident lawyer, third-party workplace injury lawyer Texas, oilfield OSHA violation lawyer Texas, industrial plant OSHA violation lawyer, Texas workplace wrongful death lawyer. Hub: Texas workplace injury lawyer.

Talk to a Texas Injury Lawyer Today

If OSHA has opened an investigation into your injury — or if you believe your injury was caused by a safety-standard violation — call McFarlane Law. We obtain OSHA investigative files, retain former inspectors as experts, and turn citations into compensation. Austin (512) 222-4900, Odessa (432) 803-5000.