Perhaps so, and I agree about OSHA. (Hell, the GM plant here had someone fall off a crane 30 years ago and it only comes out now that it was never investigated ... because somebody else fell off.)
Nevertheless, the OP has rights,and I advised him how to proceed based on those rights. The workmen's comp laws are designed to avoid lawsuits and excessive torts, of the type that raise so much ire, and as I pointed out unlike torts they don't concern themselves (as much, anyway) with dividing up responsibility.
I can imagine you laughing at legless railroad men back in the day.