 Construction workers face one of the most dangerous working environments. Between using dangerous equipment (such as cranes, forklifts and scaffolding) and the potential hazards of falling, fires, explosions, electrocution and malfunctioning equipment, construction workers must be safe at all times and must be aware of what to do if an emergency situation does arise. If you work on or near a construction site, read the following information provided by a Virginia, Maryland and Washington DC construction accident attorney.
OSHA Regulations
The Occupational Safety and Health Act of 1970 (OSHA) is a broad set of federal laws intended to protect employees while they are at work. OSHA regulations require specific measures to be taken to prevent worksite injuries. Violations of OSHA regulations may increase the penalties to employers whose workers have been injured on the job.
Under OSHA’s “General Duty” clause, all employers, including construction contractors and sub-contractors, have the duty to create a safe work environment and to eliminate any recognized hazards. Additionally, employers must educate employees about OSHA standards, properly train employees on workplace safety and make employee records available upon request.
In addition to these requirements upon employers, OSHA also creates certain rights for each employee. These rights include the following:
- The right to review your employer’s current health and safety standards
- The right to access your employee exposure and health records
- The right to request an OSHA inspection
- The right to file a complaint against your employer without retaliation
Knowing and understanding these rights can be the first step in resolving any safety-related issues in the workplace.
Liability for Construction Site Injuries
If you have been injured in a construction site accident, there are a number of different individuals who may be held responsible for your injuries. These responsible individuals may include:
- Construction site owners
- General contractors
- Sub-contractors
- Construction site managers
- Manufacturers and suppliers of construction machinery and equipment
- Design architects and engineers
- Insurance companies
Each of these parties owes a specific duty to construction site workers. These duties are summarized as follows:
- Construction site owners owe a duty to “invitees” (individuals on the land for business purposes) to warn them of any dangerous non-obvious conditions about which the land owner should have known. However, construction site owners are not always deemed to be the legal possessors of the land during a construction project and, in such instances, are excused from this duty for the duration of the project.
- General contractors and sub-contractors have a duty to provide a work environment that is reasonably safe and must warn employees of any potential hazards on the site. They also have a duty to properly train construction workers and ensure that all workers are complying with safety regulations.
- Manufacturers and suppliers of construction machinery may be responsible for injuries resulting from defective products under state products liability laws. Product liability may be based upon strict liability theory or upon negligence, often resulting from a design defect, a manufacturing defect or a failure to warn. Strict product liability applies primarily to manufacturing defects where an individual was using a product in a manner that was foreseeable by the manufacturer. In some instances, strict product liability theory may also apply to design defects.
- Design architects and engineers may owe a duty to ensure safe conditions on a construction site. This responsibility, however, is typically defined by the contract between the design professional and the construction site owner.
- Insurers will often cover some or all of the costs resulting from construction site injuries. Insurance coverage may include premises or property liability insurance, workers compensation insurance, commercial general liability insurance and employer’s liability insurance. The extent of the insurance company’s responsibility is defined by the insurance contract of each party involved in the construction process.
When determining which of the above parties are responsible for construction site injuries, courts look not only at the duty owed by that individual but they also examine the structure in place at the time of the accident, the extent of each party’s control over the premises and the degree of control over the work being conducted.
What to Do if You Have Been Injured on the Job
If you have been injured while working on a construction site, it is important that you immediately seek medical attention for your injuries. This is important to ensure that you heal properly. Once you have obtained the proper medical care, you should promptly report the injury to your employer or construction site manager. Record the name and job title of the person whom you notify and the date on which you report the injury. Try to obtain the names and contact information of all individuals who witness the accident. Also, you should try to take photographs of the area where you are injured, the injuries you sustain and any equipment or tools that are involved in your injury.
Once you have recorded all possible information relating to your injury, you should contact an attorney who can assist you in pursuing your claim. You may be entitled to compensation from your employer to help you pay for any medical costs associated with your injuries. Additionally, you may be able to receive worker’s compensation benefits to compensate you for any time lost from work due to your injury.
Construction sites are dangerous places to work, if the proper safety measures are not taken. Understanding safety regulations and following any safety guidelines at your workplace can help ensure that you are safe during work hours. Additionally, understanding your rights under OSHA and the obligations of your employer can help you identify whom to contact if you have been injured on the job. You should seek legal advice promptly, because your right to obtain monetary relief may be lost if you wait too long. If you are in need of a Washington DC, Maryland or Virginia construction accident lawyer, the attorneys at Koonz, McKenney, Johnson, DePaolis & Lightfoot, L.L.P., are available to explain the intricacies of OSHA and other workplace regulations and to assist you in pursuing your construction accident claim.
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