Construction Accident: How OSHA violations can affect your claim

Construction Accident: How OSHA Violations Can Affect Your Claim

Construction sites, while vital for building our infrastructure, are inherently dangerous workplaces. The U.S. Bureau of Labor Statistics data shows that the construction industry accounts for approximately 20% of all worker fatalities in the private sector. This means that one out of every five worker deaths occurs on a construction site. When accidents happen, the consequences can be devastating for workers and their families. Often, these accidents are the result of negligence, specifically, violations of safety standards set by the Occupational Safety and Health Administration (OSHA). Understanding how these violations can affect a construction accident claim is crucial for injured workers seeking fair compensation.

OSHA’s Role in Construction Safety

OSHA’s mission is to ensure safe and healthful working conditions for men and women by setting and enforcing standards and by providing training, outreach, education and assistance. OSHA establishes and enforces safety regulations for construction sites, covering aspects like fall protection, hazardous material handling, and equipment operation. These regulations are in place to minimize risks and prevent accidents. When employers fail to comply with these standards, they put their workers at risk, and this failure can have significant legal ramifications if an accident occurs.

Common OSHA Violations Leading to Accidents

Several common OSHA violations frequently contribute to construction accidents. According to OSHA and various legal sources, these include:

  • Fall Protection Violations: Falls are the leading cause of death in construction, with OSHA estimating that falls are responsible for 39.2% of all construction accident deaths each year. This includes unsecured scaffolding, lack of safety harnesses, and unprotected edges. OSHA standards require fall protection any time a construction worker is 6 feet or more above the ground.
  • Struck-by Object Hazards: Being struck by falling objects or equipment accounts for a significant percentage of construction accident deaths. This can involve falling tools, materials, or equipment malfunctions.
  • Electrocution Hazards: Contact with faulty wiring, defective transformers, and other electrical hazards can lead to electrocution injuries or fatalities.
  • Caught-In/Between Accidents: Workers can be caught in or between machinery, equipment, or collapsing structures, leading to severe injuries or death.
  • Inadequate Training: Employers must train construction workers to handle heavy machinery, hazardous materials, and dangerous job site conditions.
  • Failure to Provide Personal Protective Equipment (PPE): Employers are required to supply hard hats, gloves, safety goggles, and respiratory protection.
  • Improper Scaffolding Setup: Faulty scaffolding is a frequent hazard. OSHA mandates specific construction and weight-bearing standards to prevent collapses.

How OSHA Violations Impact a Construction Accident Claim

If you’ve been injured in a construction accident, and an OSHA violation is present, it can significantly impact your ability to recover compensation. Here’s how:

  1. Evidence of Negligence: An OSHA violation can serve as strong evidence of negligence on the part of the employer or another responsible party. Negligence occurs when someone fails to exercise reasonable care to prevent harm. In a construction accident case, negligence can take many forms, from poorly maintained equipment to unsafe work conditions. Proving negligence generally requires establishing four key elements:

    • Duty of Care: The contractor or property owner had a legal obligation to keep the site safe.
    • Breach of Duty: They failed to meet this obligation by acting carelessly or violating safety rules (like OSHA standards).
    • Causation: Their failure directly caused the accident and your injuries.
    • Damages: You suffered losses, such as medical expenses, lost wages, or pain and suffering, due to the accident.
    • Strengthening Your Claim: While an OSHA violation isn’t automatic proof of liability, it strengthens your claim by demonstrating that the employer or responsible party failed to meet established safety standards. This can make it easier to prove that their negligence caused your injuries.
    • Third-Party Claims: In many construction accident cases, you may be able to pursue a claim against a party other than your employer, such as a general contractor, subcontractor, property owner, or equipment manufacturer. OSHA violations committed by these third parties can also be used to establish their negligence.
    • Increased Settlement Value: The presence of an OSHA violation can increase the value of your settlement. Insurance companies and defendants may be more willing to offer a fair settlement to avoid the negative publicity and potential legal consequences of an OSHA violation.
    • Workers’ Compensation Benefits: In addition to a potential lawsuit, you may also be entitled to workers’ compensation benefits, which can cover medical expenses and lost wages, and some compensation for permanent disability or injury. While workers’ compensation is a no-fault system (meaning you don’t have to prove negligence to receive benefits), an OSHA violation can still strengthen your claim by highlighting the unsafe working conditions that led to your injury.

Proving Your Claim: What You Need

To successfully pursue a construction accident claim involving an OSHA violation, you’ll need to gather evidence to support your case. This may include:

  • OSHA Reports and Citations: If OSHA investigated the accident, their report and any citations issued to the employer can be valuable evidence.
  • Accident Reports: Obtain any accident reports created by the employer or other parties involved.
  • Witness Statements: Gather statements from coworkers or other witnesses who saw the accident or can testify about the unsafe conditions at the construction site.
  • Photographs and Videos: Take photos and videos of the accident scene, including any hazards or unsafe conditions that contributed to the accident.
  • Medical Records: Your medical records will document the extent of your injuries and help connect them to the accident.
  • Expert Testimony: In some cases, you may need to hire an expert to testify about the OSHA violations and how they contributed to the accident.

The Importance of Legal Representation

Construction accident cases involving OSHA violations can be complex and challenging to navigate. An experienced construction accident attorney can help you:

  • Investigate the accident: A lawyer can conduct a thorough investigation to determine the cause of the accident and identify all responsible parties.
  • Gather evidence: An attorney can help you gather the necessary evidence to support your claim, including OSHA reports, witness statements, and expert testimony.
  • Negotiate with insurance companies: Insurance companies often try to minimize payouts in construction accident cases. A lawyer can negotiate with the insurance company on your behalf to ensure you receive a fair settlement.
  • File a lawsuit: If a fair settlement cannot be reached, a lawyer can file a lawsuit and represent you in court.

Conclusion

Construction accidents can have devastating consequences, but if your accident was caused by an OSHA violation, you have the right to seek compensation for your injuries. Understanding how OSHA violations affect your claim is crucial for protecting your rights and recovering the damages you deserve. Contacting an experienced construction accident attorney can provide invaluable assistance in navigating the legal process and maximizing your chances of a successful outcome.