Who can be held liable for a failure to comply with OSHA regulations?

OSHA Safety Process BookWhile it may not be possible to remove all hazards from a construction site, employers and general contractors have a duty to provide reasonable protection against injuries. The Occupational Safety and Health Administration (OSHA) has implemented a number of safety laws specifically for the construction industry—and a violation of these regulations could form the basis of a construction injury claim.

Common OSHA Violations That Lead to Construction Injuries

Employees who are hurt due to an unsafe workplace are not only eligible to receive workers’ compensation benefits, they may be able to file third-party claims to hold negligent parties responsible for a construction injury.

Construction workers are often injured as a result of a failure to protect against:

  • Falls. OSHA has strict employer standards for safety when performing work at height, including installation of guard rails and toe-boards on all open-sided platforms, floor hatches, scaffolding, runways, and bridges spanning water or dangerous machinery.
  • Machinery accidents. The heavy machinery present on a construction site is a common cause of fatal injury. The most effective ways to prevent injuries include equipping all machines with guards and emergency shut-offs, and properly training employees on the risks of using each type of equipment. If guards are removed or employees do not receive adequate instruction, the employer may be held liable for medical costs as well as permanent disability and death benefits.
  • Sudden release of energy. Injuries resulting from an unexpected startup or release of stored energy include steam burns from turning a release valve, crush injuries to coworker attempting maintenance, or electrocution from improper wiring.

If you have been injured on a New York City construction site, our attorneys can fight to get you the compensation you are owed—and we do not collect any fees until after your case is won. Simply fill out our quick online contact form or call (800) 362-9329 to speak with a personal injury lawyer at Hofmann & Schweitzer today, or read through our FREE brochure, Hurt in a Construction Accident? You’re Not Alone.

 

Timothy F. Schweitzer
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Personal injury lawyer specializing in maritime, construction and railroad injury claims.