What is the role of OSHA in construction accident cases? This organization may step in to review the actions of your employer after an accident. If the organization finds that your employer violated its rules, it could penalize your employer.
You can learn more about OSHA’s role in these claims with a New York City construction accident lawyer from our team at the Morelli Law Firm. We’re ready to answer any questions you have after an accident.
Call or fill out our online contact form to learn more.
Will OSHA Do Anything After a Construction Accident?
The Occupational Safety and Health Administration (OSHA) sets and enforces safety standards for companies all over the nation. Generally, OSHA steps in to investigate:
- Imminent risks faced by workers
- Accidents involving workplace fatalities
- Referrals and complaints made to the agency
Therefore, the organization may step in to investigate your workplace after a deadly accident or if you report your employer breaking the rules.
Does OSHA Investigate Quickly After a Construction Accident?
OSHA receives many reports, and it may take a significant amount of time for it to launch an investigation. If OSHA representatives believe another accident is likely to occur, they may perform an initial inspection within 30 days.
However, in many cases, the organization takes at least six months to launch an investigation. Your construction accident claim may end up resolved before OSHA investigates your workplace.
Have You Been Injured In An Accident? Contact Morelli Law877-751-9800
What does OSHA Do After Construction Accidents?
If OSHA investigates your employer after a construction accident, agents will look for evidence that your employer violated OSHA rules and regulations. OSHA may determine that your employer violated a rule, in which case the organization may fine your employer.
OSHA can issue fines for each violation found at a workplace. Your employer may have to pay thousands of dollars for serious, willful, or repeated violations.
Your employer pays these fines to OSHA. You do not receive compensation from OSHA for broken regulations. OSHA will not provide you with funds to address the losses caused by your injuries.
Can an OSHA Ruling Let You Sue Your Employer?
OSHA may decide that your employer broke federal laws on safety. Does this mean an employee can sue for OSHA violations at a construction site? No, this decision does not necessarily mean you can file a lawsuit against your employer.
In fact, New York will generally prevent employees from suing employers. Instead, you may have to seek compensation through the workers’ compensation system in New York if your employer caused your accident.
However, you may have a chance to file a lawsuit if a third party caused your accident. For example, if a manufacturer produced defective safety gear that caused your injuries, a New York personal injury lawyer may help you file a lawsuit.
How do You Report to OSHA for a Construction Accident?
If you believe your employer violated any OSHA rules, you can file a complaint with the agency. You can request to remain anonymous after filing your complaint. After you notify OSHA, they may visit your work and look for violations.
In addition to contacting OSHA, we recommend you take several other steps after a construction accident. Make sure that you:
- Report the accident to your employer
- Seek immediate medical treatment
- Contact a construction accident lawyer
- Get contact information from anyone who saw the accident
- Take pictures of your injuries and the area where the accident occurred
Taking the above steps can prepare you to file a claim for compensation, regardless of OSHA’s actions after your accident. While OSHA may penalize your employer, the organization will likely have a minimal role in your construction accident case.
Can You Get Compensation if OSHA doesn’t Investigate?
OSHA may fine your employer after a construction accident but will not give you this compensation. Your compensation depends on whether you qualify for a workers’ comp or personal injury claim.
You may qualify for compensation even if OSHA determines that your employer followed all appropriate regulations. Your attorney can review your situation and help you seek funds to cover your:
- Current and future medical costs
- Lost pay
- Pain and suffering
Our team conducts our own investigation after a construction accident to determine who caused your expenses. We focus on holding the at-fault party responsible and reviewing your potential legal options.
Discuss OSHA’s Role in Construction Accident Cases
What is the role of OSHA in construction accident cases? The organization may step in to determine if your employer broke safety rules after some accidents. If your employer violated a rule, OSHA may fine them, but you do not get the fine as compensation.
You can learn more about construction accidents and your legal options with our team at the Morelli Law Firm. Call or fill out our online contact form to learn more.