Construction Accident & OSHA Violations: Your Right to Compensation
Construction is one of the most dangerous industries in America, with thousands of workers injured or killed each year. OSHA safety violations by employers and contractors can significantly strengthen your injury claim.
OSHA's Fatal Four
OSHA identifies four leading causes of construction deaths: falls (38.7%), struck-by incidents (9.4%), electrocution (7.2%), and caught-in/between hazards (5.4%). These 'Fatal Four' account for over 60% of construction worker deaths. If your injury involved any of these hazards, OSHA violations are likely present.
Common OSHA Violations in Construction
The most frequently cited OSHA violations include: fall protection failures, scaffold safety violations, ladder safety issues, hazard communication failures, respiratory protection inadequacy, lockout/tagout procedure failures, electrical safety violations, and personal protective equipment deficiencies.
How OSHA Violations Strengthen Your Case
An OSHA violation can serve as evidence of negligence per se — meaning the violation itself proves the responsible party failed their duty of care. This can significantly simplify your case and increase your compensation. OSHA inspection reports, citations, and fine records are all admissible evidence.
Third-Party Claims Beyond Workers' Comp
While workers' comp limits what you can recover from your employer, you may have third-party claims against: general contractors, property owners, equipment manufacturers, architects/engineers, and subcontractors. These claims allow you to recover full damages including pain and suffering.
Frequently Asked Questions
Can I sue my employer after a construction accident?
Generally, workers' comp is your exclusive remedy against your employer. However, you can sue third parties like general contractors, property owners, and equipment manufacturers.
What should I do after a construction accident?
Report the incident to your supervisor, seek immediate medical attention, document the scene with photos, file a workers' comp claim, and contact an attorney about potential third-party claims.
How do I find OSHA violation records?
OSHA maintains a public database of inspections and violations at osha.gov. Your attorney can also request records through discovery.
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