The Role of OSHA in a Construction Accident
If you work in the construction industry, you have likely heard of the Occupational Safety and Health Administration, or OSHA. If you are concerned about safety in your workplace or are involved in a workplace accident, it is important to know what OSHA can do for you.
OSHA was created in 1970 to ensure that workplaces across the country are safe and healthy. Its primary role is to create and enforce safety standards for the workplace. In addition, OSHA provides training and education for both employers and employees on ways to make the workplace safer and assists employees who are concerned about workplace conditions.
How Can OSHA Help A Construction Worker?
OSHA safety standards apply to construction sites, among other workplaces. Although accidents can occur in any workplace, construction accidents are among the most common type of workplace accidents. According to OSHA, about one in 10 construction workers will suffer a workplace injury each year. Across the country, that amounts to more than 150,000 construction accidents each year, some of which are fatal or serious. OSHA conducts regular and surprise inspections at worksites. An employer who violates OSHA rules faces hefty fines or even a stop-work order.
If you are a worker who is concerned about the safety practices at a construction site, you may contact OSHA to file a complaint. Depending on the seriousness of the accusations, an OSHA official may conduct an investigation to determine if violations are present. Complaints may be filed by mail, by telephone, or online through the OSHA website. You may file your complaint anonymously.
Is an OSHA Violation Proof that My Employer Was at Fault in an Accident?
If you are injured on the job, you may be entitled to benefits through the appropriate state workers’ compensation system or a third-party lawsuit. The workers’ compensation system is a no-fault system, meaning that you do not have to prove that your employer did anything wrong to receive benefits. A third-party lawsuit, on the other hand, requires you to show that the third party was negligent, or at fault, before you are entitled to recover anything for your injuries. Although an OSHA violation alone does not prove negligence, it can be evidence of negligence as well as provide a starting point for your attorney’s investigation into the accident.
Talk to an Experienced New York and New Jersey Construction Injury Lawyer
If you have been injured or lost a loved one in a New York / New Jersey construction accident, contact the construction accident attorneys at Ginarte O’Dwyer Gonzalez Gallardo & Winograd to find out what legal options you may have. With six offices conveniently located in the New York / New Jersey metropolitan area, we have an office near you. For your free initial consultation, contact the firm today by calling 888-446-2783 or filling out our online contact form.