Construction Accidents and OSHA Violations: Are They Related? | LabourBlawg

Construction Accidents and OSHA Violations: Are They Related?

by Andrew Miller on January 29, 2013

construction accidentsFor people who work in dangerous occupations (with construction work nearing the top of the list), one of the most beneficial resources is the Occupational Safety and Health Administration. It is one of the few groups in existence that is concerned about the safety of workers across the country and takes every precaution necessary to make sure people are safe. With a job as dangerous as construction work, the question being raised is: are construction companies violating OSHA regulations, or is a construction site just naturally dangerous?

The Creation of OSHA for Worker Safety

In 1970, there was no system in place that would monitor and police working conditions to make sure that every employee was not at risk of injury. Because of this, the Occupational Safety and Health Administration was created to establish a set of safety standards that every workplace must adhere to, and then enforce them if necessary. OSHA makes sure that all employers and employees are properly trained and educated on safety standards, so that they know exactly what hazardous and potentially dangerous situations to look for. OSHA also performs surprise inspections of workplaces to make sure there are no violations and no workers are at risk of injury.

The Link between OSHA and Construction Accidents

One of the most common forms of workplace accident is a construction accident, and because of the dangerous nature of the work it’s not a surprising fact. What is surprising is the OSHA’s finding that 1 out of every 10 construction workers will suffer an injury every year. This is the equivalent of 150,000 construction accidents across the country annually, many of them being fatal or debilitating. It’s not shocking that many construction accidents are the result of OSHA violations, whether intentional or accidental, but one shocking fact is that some of these go unreported.  In a poor economy, when there are many unemployed laborers looking for work, so nobody wants to compromise their job by accusing their employer of engaging in unsafe practices. Without an OSHA violation it can be difficult to find your employer at fault if you wish to seek compensation for a serious injury.

OSHA for Lawsuits and Workers’ Compensation

If you wish to bring a lawsuit against an employer for unsafe work conditions that resulted in an accident, you will need to have an OSHA violation brought against them. This means that it is imperative to report them to the OSHA as soon as possible, even if nobody has been injured. The best way to avoid a lawsuit is by preventing the injury, but if that’s not possible, anonymously reporting your employer can make it easier to receive compensation after an accident.

If you were injured in a construction accident, there is a chance your employer was at fault for an OSHA violation. If that is the case, then you are entitled to more than just your workers’ compensation benefits; your employer is required to compensate you as well. Even with an OSHA violation it is difficult to get an employer to settle without legal action. You should talk to a qualified attorney to begin taking the steps necessary to bring a suit against your employer for damages, especially in severe instances where you will no longer be able to work.  David Resnick & Associates, PC is a law firm comprised of construction accident attorneys located in New York City.  For more information about construction accidents and OSHA violations, visit the website at

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