OSHA regulations are strict for a reason. Following OSHA protocols helps prevent workplace accidents, particularly in hazardous environments like construction sites. If you were injured at work and an OSHA violation was present, you may be able to use the violation as evidence of the negligence behind your accident.
How can OSHA violations impact construction accident cases? Learn more below, then consult a burn injury lawyer in New York for legal guidance.
Common OSHA Violations on Construction Sites
The Occupational Safety and Health Administration (OSHA) ensures safe working conditions by enforcing standards for workplace health and safety. When workplaces violate OSHA protocols, they can face fines, mandated safety corrections, and even criminal charges.
According to OSHA, the 10 prevailing OSHA violations across industries fall into these categories:
- Fall protection
- Hazard communication
- Control of hazardous energy
- Ladders
- Respiratory protection
- Powered industrial trucks
- Fall protection training
- Scaffolding
- Eye and face protection
- Machine guarding
The majority of these violations apply to construction safety as well. Specific examples of common OSHA violations in construction may include:
- Failing to provide the proper barriers around scaffolding to prevent falls
- Not training workers adequately in how to use fall protection equipment
- Not communicating electrical hazards clearly, leading to electrocution
- Failing to check that all equipment has the proper guarding, leading to injuries
The construction industry experienced more workplace deaths than any other industry in 2024, according to the National Safety Council. OSHA regulations seek to prevent workplace injuries, but violations of these protocols can quickly lead to injuries and even fatalities on construction sites.
How OSHA Violations Impact Construction Accident Cases
If you were injured in an accident on a construction site, looking for potential OSHA violations that may have caused your accident can be helpful. In some cases, you may be able to hold a party liable for your accident, and OSHA violations can help support evidence of negligence.
For example, perhaps a contractor overseeing your construction site failed to adhere to New York’s Scaffold Law dictating the necessary safety measures for using scaffolding. This could also be evidence of an OSHA violation, and the Scaffold Law enables contractors to be held directly liable for gravity-related injuries due to violations.
When serious worksite accidents occur on construction sites, OSHA may initiate an investigation to understand whether the site was in violation of any safety regulations. Their findings could serve as evidence in your workplace injury claim. Alternatively, you could cite past OSHA violations as evidence of negligence in your case if your accident arose from the same type of safety issue.
Can You Sue Your Employer for an OSHA Violation That Causes Injuries?
You might wonder whether you can hold your employer liable for OSHA compliance issues that led to injuries. In New York, you generally cannot sue your employer for injuries that happen on the job. Instead, you would seek compensation through a workers’ comp claim.
Workers’ compensation is a no-fault system, meaning you likely qualify no matter who was technically at fault for your accident. This benefit can provide you with reimbursement for medical expenses and a portion of your lost wages arising from the accident.
While you cannot generally hold your employer liable for injuries, you may be able to pursue a personal injury case against a third party that was negligent in your accident, such as a party responsible for OSHA violations. Perhaps a contractor or other third party overseeing the construction site was negligent. You may be able to seek damages beyond what you could qualify for through a workers’ compensation case, including non-economic damages like pain and suffering.
Reporting Potential OSHA Violations on Construction Sites
If you believe your construction site was in violation of OSHA standards when your accident happened, filing a complaint with OSHA is an important next step. You can file a complaint through the OSHA website, call 1-800-321-OSHA (6742), or get in touch with a local area office in NYC. The online complaint form is often the fastest method of reporting violations.
In your complaint, you’ll want to include the company name and address, the description of the hazard, and the names of any employees affected by the violation. You can also have someone else file a complaint for you if you are focused on recovering from injuries.
OSHA can investigate the complaint and determine whether your construction site was in violation of protocols. This documentation could serve as compelling evidence in a third-party claim.
Consult a New York Construction Accident Attorney
If an OSHA violation was at play in your construction accident, you may be able to hold another party liable for your injuries, depending on the circumstances of the accident. Otherwise, you can likely seek compensation through a workers’ comp claim.
Exploring all of your options with a construction injury lawyer in NYC can help you make informed decisions throughout your compensation claim. Dervishi Law Group, P.C., represents injured workers through every step of the claims process. Review a few common mistakes after a construction accident to avoid in your case, then contact us at 718-484-4757 for a free case evaluation.
Frequently Asked Questions
What is the #1 OSHA violation?
OSHA reports that the #1 violation across industries involves inadequate fall protection. Examples may include missing guardrails around scaffolding, a lack of safety nets, or inadequate fall arrest systems for workers working at heights of at least six feet.
Can OSHA help you sue a company?
OSHA generally wouldn’t help you sue a company, but it can provide evidence to use in a compensation claim. Reporting the violation to OSHA could help demonstrate a party’s negligence in your accident.
Can you seek compensation after a construction accident if there were no OSHA violations?
If no OSHA violations were present when your accident occurred, you can likely still qualify for a workers’ compensation claim and seek reimbursement for your medical expenses and a portion of lost wages. Speak with a workers’ compensation attorney about your options.
