My husband was backed over by forklift that did not have an audible backup horn working at time of injury. According to OSHA regulations 1926.602(a)(9)(i), all bidirectional machines are suppose to be equipped with an operable horn that should operate when machine is moving in any direction. He has a catastrophic injury that will not allow him to return to work and do his normal job. My question is, can the company be held liable for not being in compliance with OSHA regulations and a personal injury suit filed in addition to workman comp claim?

The question

My husband was backed over by forklift that did not have an audible backup horn working at time of injury. According to OSHA regulations 1926.602(a)(9)(i), all bidirectional machines are suppose to be equipped with an operable horn that should operate when machine is moving in any direction. He has a catastrophic injury that will not allow him to return to work and do his normal job. My question is, can the company be held liable for not being in compliance with OSHA regulations and a personal injury suit filed in addition to workman comp claim?