Can OSHA Violations Be Used to Prove a Construction Accident Claim?
The Occupational Safety and Health Administration (OSHA) provides rules for all businesses to follow. Their protocols ensure employers take reasonable measures to maintain safe workplaces and prevent job site injuries.
If you sustained injuries from a construction incident, you may be able to use OSHA violations to prove your construction accident claim. And while you can pursue damages on your own, an experienced personal injury lawyer can help you prove negligence against other parties by using OSHA violations and secure maximum compensation.
How OSHA Violations Contribute to Construction Accidents
Any type of OSHA violation can lead to construction injuries or, in severe cases, wrongful death. Examples of OSHA violations and how they play a role in a construction accident include:
- Electrocution hazards
- Falling from an improperly secured or shielded elevator
- Crushing injuries due to lack of guards around rotating power equipment
- Falling from a poorly constructed, inadequately maintained, or overloaded scaffold
- Poisonings due to hazardous chemical exposure
- Injuries from a lack of proper eye, ear, or face protection
- Slip and falls due to greasy or oily surfaces
- Respiratory injuries due to poor air circulation and Asbestos exposure
In addition to strengthening your construction accident claim, OSHA penalties can also lead to hefty fines for an employer or property owner.
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OSHA Construction Violations May Be Signs of Negligence
After a construction accident, you may be able to receive workers’ compensation from your employer. These benefits provide payments to help you cover medical bills and lost wages due to your accident injuries.
But when there is an OSHA violation or other evidence of negligence, you may be able to seek additional personal injury compensation by filing a claim against the liable party or parties.
OSHA violations may be signs of negligence, and whoever was responsible for maintaining a safe site is liable for the penalties. In many cases, the OSHA violator is your employer. In New York, you generally cannot sue your employer. Your accident however may be the result of other parties such as a:
- Property owner
- General contractors or subcontractor
- Material or equipment supplier or installer
- Part manufacturer
- Civil engineer or architect
OSHA Violations Strengthen Construction Accident Claims
If the OSHA violation prevents a party from maintaining a safe workplace, then you can use the breach to strengthen your construction accident claim. First, however, you must prove four essential factors, which are:
- Duty of care: The guilty party had an obligation to maintain a reasonably safe construction site.
- Breach: The at-fault party violated OSHA standards, therefore breaching their duty of care and preventing a safe work zone.
- Causation: The liable party’s breach directly resulted in your injuries.
- Damages: You sustained actual damages due to your construction accident injuries.
If a negligent party violated OSHA standards, injured construction workers may have a right to recover reimbursement through worker’s compensation or a personal injury lawsuit. The worker’s compensation benefits can cover medical bills, lost wages, and some compensation for permanent disability or injury.
Damages in a personal injury claim can substantially compensate an injured worker for:
- Pain and suffering for all physical and emotional injuries
- Loss of consortium
- Diminished future income
- Mental anguish
- Scarring and disfigurement
- Medical expenses for the past and future
- Future pain and suffering if injuries are deemed permanent
To pursue damages, you must prove that the defendant’s negligence caused your injuries. This can be challenging, which is why it’s best to partner with an experienced construction accident attorney right away.
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Injury Attorneys Use an OSHA Violation to Strengthen Your Claim for Money Damages
When you work with an experienced construction accident law firm, you can feel confident that you will receive maximum compensation for each and every type of injury you sustained and may sustain in the future.
First, a legal expert identifies OSHA violations and determines who is liable for the infractions. Then, your attorney gathers and preserves proof to demonstrate how the violations contributed to your construction accident.
When pursuing a personal injury claim for a construction accident, contractors, employers, or property owners will argue that you, the worker, are responsible. The negligent party can prevent you from receiving the personal injury settlement you deserve by deflecting liability.
The lawyers at Dansker & Aspromonte Associates have been fighting for the rights of construction accident victims since 1988. We will use our experience and dedication to help you get the compensation you deserve.
Once you retain us to work for you, we will immediately commence a thorough investigation of your accident, gather and preserve evidence and build a strong claim for you and your family. If the responsible party or parties fail to agree to a fair and reasonable settlement, we will present your case to a jury at trial in Court.
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New York Construction Accident Lawyers Help You Pursue Compensation
OSHA violations are a serious matter, and they can help you build a strong claim against a negligent employer or property owner. But don’t take on these challenges alone. Instead, let the construction accident lawyers at Dansker & Aspromonte Associates represent your claim.
Contact us now to learn more about what we do for New York construction accident victims. Don’t delay as there are deadlines that limit your rights. If you fail to bring your claim by the deadline, you may be prevented from recovering the financial damages you deserve. Call or text (646) 692-0204 or complete a Free Case Evaluation form.
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