According to OSHA, the most common violation in construction is inadequate fall protection. Such a violation can cause severe injuries that could be fatal, lead to long-term injuries, or at the very least, cost a fortune in medical bills.
If you’ve been injured because of a safety violation, a construction accident attorney from Morelli Law can help you file a workers’ compensation claim or take legal action on your behalf. They’ll help you pursue damages for injuries sustained due to any of the following violations.
Lack of Fall Protection
Job sites can sometimes have multiple fall hazards that need to be accounted for, including roofs, ramps, trenches, and others. To protect workers from dangerous falls, areas that are six feet or higher must be fitted with a guardrail or other protective apparatus.
In addition to falling from heights, job sites also pose the risk of falling object accidents. To prevent construction workers from getting struck by a falling object, OSHA requires the following safety measures:
- Safety nets
- Toeboards
- Barricades
- Hard hats
Ladder Violations
Ladders are the subject of another all too common OSHA violation in the construction industry. According to OSHA, each type of construction task requires a specific ladder, and if the correct ladder isn’t used, falls and other dangerous incidents can occur.
Ladders should also undergo routine inspections to ensure they aren’t damaged or defective. It’s also important that ladders aren’t made to carry more than their maximum weight limit. Lastly, metal ladders should never be placed near electric wires, as anyone who uses the ladder will be at risk of electrocution.
Scaffolding Safety Violations
There are a number of all-too-common OSHA construction violations that can result in serious scaffolding accidents. The following requirements keep scaffolding workers safe from collapses, falls, electrocution, and more:
- A scaffold should be capable of bearing its own weight and four times the maximum weight it’s intended for
- Scaffolds must be located a safe distance away from electrical power lines
- Scaffold guardrails must have a minimum height of 38 inches
- Employers must train scaffolding workers on safety rules and hazard control
- Scaffold must be inspected by a “competent person” before each work shift
Unfortunately, many of the safety requirements that protect scaffolding workers are often ignored, leading to devastating and sometimes deadly injuries. If you or a loved one has been involved in a scaffolding accident caused by an employer or site manager, reach out to an experienced construction accident lawyer.
Powered Industrial Truck Violations
According to OSHA’s standard on powered industrial trucks, vehicles like tractors and forklifts must only be used for the tasks they’re designed for. In addition, these vehicles must undergo regular maintenance, and operators must be trained on how to drive them safely. Workers are also prohibited from using a cell phone while operating a powered industrial truck.
If you’ve been hurt in a forklift accident caused by a common OSHA construction violation, you may be eligible to file a workers’ comp claim or personal injury suit. Speak with an attorney to learn more about your legal options after such an incident.
Face and Eye Protection
OSHA requires employers to provide construction workers with the safety equipment they need to protect their faces and eyes. Depending on the situation, workers may need goggles, face shields, and other safety devices that prevent debris, chemicals, and other hazardous material from coming into contact with the face and eyes.
Sadly, it’s common for contractors and site managers to violate this requirement, leading to lasting facial injuries and even blindness. If you’ve suffered an injury because your employer didn’t provide you with proper face or eye protection, taking legal action could get you the money you need to pay your medical bills and cope with the effects of your injury.
Seeking Compensation for an OSHA Violation Injury
If you’ve been injured in an accident caused by your employer’s failure to follow OSHA standards, you probably won’t be able to sue your employer unless they intentionally caused your injury. That said, you may be able to file a workers’ compensation claim with your employer’s insurance provider or even pursue a personal injury suit against another party.
An attorney can help you prepare a strong workers’ comp claim and make sure it’s filed correctly. They’ll also be able to help you file an appeal if your initial claim is rejected. If you’re unable to recover compensation from a claim, your lawyer may advise you to take legal action against a third party, such as:
- The owner of the property that your accident occurred on
- A general contractor
- The manufacturer of a defective product that caused your accident
Damages You Could Receive From a Winning Claim
Whether your attorney filed a workers’ comp claim or a personal injury lawsuit on your behalf, they’ll strive to obtain the damages you need to treat your injuries and get back to your regular life. If your case is successful, you could receive any of the following damages:
- Medical expenses
- Cost of future medical treatment
- Cost of prescription medications and assistive devices
- Rehabilitative therapy expenses
- Lost wages
- Decreased earning ability
- Pain and suffering
When you meet with an attorney to discuss the OSHA violation that caused your construction accident, they’ll also ask you about the financial losses and challenges you’ve faced due to the incident. Based on the information you provide, your medical bills, and other records, they’ll calculate how much you’re owed and demand that you receive a fair payment.
Schedule a Free Consultation With a Skilled Construction Accident Attorney
At Morelli Law, our team has represented workers who’ve been injured in a number of different situations and settings. Our team is familiar with all of the most common OSHA violations in construction and can file a winning claim on your behalf, no matter how complicated your accident was.
To get started on your case, contact us and schedule a free consultation with an attorney from our team. They’ll meet with you to discuss your accident, talk about the injuries and losses you’ve suffered, and determine if you have grounds for a claim or lawsuit.