New York City Personal Injury Law Blog
OSHA Protects Construction Workers from Personal Injuries
New York City employs literally thousands of construction workers who work on the municipal construction or repair sites throughout the city. Apart from that, thousands of other construction workers work on various state, private, and commercial construction sites throughout the state.
While construction workers involved in scaffolding, digging a trench, or repairing an elevator shaft are constantly at high risk of suffering injuries, the more obvious risks come from the site environments. Accidents like being hit by a hard object, falling down from a ladder, or becoming deaf due to battling sound explosions are pretty common at construction sites.
The Occupational Safety and Health Administration (OSHA), a federal agency, was created in 1970 under the Department of Labor. The OSHA Act of 1970 was conceived to regulate workplace conditions and implement health and safety standards. OSHA health and safety standards apply to NY construction workers, so these workers should be made aware of such regulations.
OSHA guidelines for the construction industry
OSHA has created safety guidelines for all construction related activities like use of safety equipment, exposure to dangerous materials, vehicle safety, fire hazards, fall protection, and excavation projects. The construction workers should be acquainted with the OSHA regulations, so that they can ensure their employers or hirers are compliant with such regulations. OSHA protects all construction workers whether they are hired employees or contractual labors.
Construction worker rights under OSHA
Here sure some common rights available to construction workers under OSHA:
- Access to OSHA standards, rules, regulations, and requirements that the hirer should maintain.
- Access to pertinent worker medical records.
- Access to records of work-related injuries and illnesses.
- Right to anonymously file a written complaint against the hirer to OSHA.
- Right to call the OSHA area director for a spot inspection if safety regulations are violated.
- Right to receive a copy of OSHA inspection report.
- Be immune from any retaliatory action taken by the hirer as a result of OSHA complaint.
Through the above rights, OSHA protects all construction workers.
OSHA safety standards
OSHA provides stringent workplace safety standards for the construction industry. If construction project owners or managers violate OSHA regulations, they may be fined and may also face personal injury lawsuits from their employees or contractual workers. NY construction workers who suffer health injuries due to OSHA safety violations are encouraged to contact a personal injury attorney in NY for appropriate legal advice and assistance.
Getting help for a construction site accident in NY
If a construction worker gets injured while working on a construction site, the construction worker should do the following:
- Seek immediate medical help for treating the injuries.
- Examine the accident site and collect any evidence related the injury, such as photographs of the site, photographs of bodily injuries, or the object that caused the injury.
- Report the accident tot the hirer and construction site manager, keeping a record of the accident report
- Note down names and contact details of possible eyewitnesses
- Contact an experienced personal injury law firm.
Proving personal injury liability
When construction workers suffer injury at work sites, they can use the OSHA regulations related to workplace safety to prove that their employer violated the regulations. Any violation of OSHA safety regulations can have a strong impact on a personal injury case, and can lead to a verdict in favor of the construction worker.
Here is an obvious legal approach that can be taken in a personal injury case:
- The accident details will prove that it was caused due to violation of OSHA safety standards.
- The violation of OSHA standard will prove that the defendant was negligent in providing a safe workplace for the construction workers.
- The negligent defendant, being guilty, must provide damages claimed by the injured construction worker.
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