The use of safety equipment by workers in the construction industry is crucial for protection against the many hazards inherent to construction work. The U.S. Occupational Safety & Health Administration (OSHA) requires that construction sites be designed in a safe manner and that employers provide and train workers in the use of “personal protective equipment” (PPE).
OSHA also requires employers to ensure that construction safety equipment is properly inspected and maintained. When construction workers are injured or killed by safety equipment failure, the individuals and corporations responsible should be held accountable.
If you or a loved one has been injured because of the failure of safety equipment at a construction site in New York or New Jersey, you need to talk to a construction injury attorney at the Ginarte law firm today. The NY / NJ construction injury lawyers at the Ginarte law firm have for decades investigated a variety of cases involving safety equipment failures. Call now for a free consultation at 1-888-GINARTE (1-888-446-2783), or fill out our online contact form.
Employers Responsible for Safety Equipment Failures
Property and company owners, prime contractors, subcontractors, vendors and others must comply with all applicable OSHA standards.
OSHA safety and health regulations for construction sites say employers are responsible for requiring employees to wear appropriate Personal Protective Equipment (PPE) where there is exposure to hazardous conditions. OSHA also has standards for equipping construction sites with protective equipment, such as railings and fall-protection nets on scaffolds or other workplaces at elevated heights.
OSHA Standard 1926.95(a) provides:
“Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact.”
In 2008 OSHA stated that it was “amending its standards to add language clarifying that the personal protective equipment (PPE) and training requirements impose a compliance duty to each and every employee covered by the standards and that noncompliance may expose the employer to liability on a per-employee basis.”
If an employer provides workers with safety equipment that fails, the employer or perhaps the equipment manufacturer or distributor may be liable for worker injuries or fatalities that the safety equipment should have prevented. Safety equipment failure, OSHA violations or other evidence of inadequate safety precautions at a construction site could be grounds for a construction accident lawsuit.
A NY / NJ construction accident attorney at the Ginarte law firm can help you recover compensation for your medical expenses and other losses if you have been hurt as a result of construction site safety equipment failure. We work with teams of construction site experts, engineers and site investigators to investigate safety equipment failures and determine who should be held accountable. In these cases, a personal injury or wrongful death lawsuit might seek damages from construction site mangers, contractors, property or company owners, or equipment manufacturers or distributors.
In preparation of such lawsuits, Ginarte NY / NJ construction accident attorneys also work with many doctors, surgeons, therapists, and medical centers in New York and New Jersey to quantify the probable cost of the recovery an injured worker faces and the damages the worker therefore deserves.
Contact Our NY / NJ Safety Equipment Failure Attorneys Today
If you have been hurt because of safety equipment failure at a construction site, the NY / NJ construction accident lawyers at the Ginarte law firm can help you recover compensation for your injuries and losses. We have 30 attorneys ready to help you with your construction accident claim.
Call today or visit one of our seven NY / NJ offices: Newark, New York City, Union City, Elizabeth, Clifton, Queens and Perth Amboy.