Construction Workers’ Safety Rights
Construction workers face a myriad of risks every day on the site. This is where the Occupational Safety and Health Administration (OSHA) comes in, an agency responsible for ensuring safe and healthy working conditions for employees across various industries, including construction.
Under OSHA, construction workers have several basic safety rights. They include the right to:
- A safe workplace and healthy work environment
- Get trained on workplace safety and health in a language that is understandable to you
- Work on safe machines
- Receive required safety equipment, such as personal protective equipment, gloves, a harness, and lifeline for falls
- Protection from exposure to harmful chemicals, i.e., putting appropriate container labeling
- Request and speak to an OSHA inspector
- Report an injury or illness, and get copies of your medical records and material safety data
- Examine the records of injuries and illnesses that occurred in the workplace
- See results of tests taken to find workplace hazards
Despite these legal rights and OSHA’s efforts to protect construction workers, accidents still happen. According to OSHA, there were 4,764 on-the-job fatalities in 2020.
If you were injured in a construction site accident, you may be entitled to compensation. Speak to the experts at Frantz Law Group to learn more today.
Common Construction Site Hazards and Accidents
Falls are the leading cause of construction worker deaths, accounting for almost 40% of all fatalities in the industry. Electrocutions, struck-by objects, and caught-in/between accidents are other common causes of injuries and deaths in the construction sector.
Falls are a common danger for people who work in construction. People can get hurt if they fall from high places. This includes falls from rooftops, ladders, scaffolding, and other elevated locations. Injuries can range from minor scrapes to life-threatening traumatic brain injuries.
Electrocution is another common hazard that construction workers face. Electrical shocks can cause serious burns or even death if not handled properly. To protect against electrocutions, OSHA recommends using tools with ground fault circuit interrupter (GFCI) protection and avoiding contact with overhead power lines.
Being struck by objects can occur if a worker is hit by falling debris or tools or if a piece of equipment malfunctions.
Workers also face the risk of being caught or crushed in between objects, such as heavy machinery. This type of accident is particularly dangerous, as it can result in serious injuries or death.
Additionally, over 20,000 non-fatal workplace injuries occur annually in California’s construction industry. Out of 345 deaths caused by falls in construction jobs, 96 were experienced construction laborers.
Legal Remedies for Construction Accidents
If a construction worker is injured, they may be entitled to various legal remedies such as workers’ compensation claims, personal injury lawsuits, and wrongful death claims.
Workers’ compensation claims are applicable when an employee suffers an injury while on the job, regardless of who was at fault. Workers’ compensation benefits cover medical expenses, lost wages, and other expenses related to the injury.
In most states, construction companies are mandated by law to carry workers’ comp insurance, meaning all employees should be eligible for these benefits.
Personal Injury Lawsuit
Personal injury lawsuits are filed when an employee is injured due to someone else’s negligence or intentionally harmful actions. This can include the manufacturer of a defective product or another person or company responsible for the worksite’s safety.
Personal injury lawsuits may be able to recover compensation for pain and suffering, emotional distress, and other non-economic damages.
Wrongful death claims are applicable when an individual dies due to a construction accident resulting from another party’s negligence or willful misconduct. These types of claims can provide compensation for the loss of companionship, funeral expenses, and other damages associated with the death to surviving family members.
How the Right Law Firm Can Help Construction Accident Victims
From construction sites to courtrooms, getting injured on the job can be a traumatic experience. However, with the right legal representation, accident victims can secure compensation and obtain the justice they deserve.
If you or a loved one have been injured in a workplace accident in construction, consulting an experienced lawyer is the best way to learn about your legal options. An attorney can help you navigate the claims process and ensure you receive the maximum compensation you and your family are entitled to.
In California, construction accident cases can be incredibly complex due to the state’s liability laws. Therefore, choosing the right law firm with the expertise and experience to represent you is crucial.
The right law firm can perform the following for construction accident victims:
Gather Relevant Evidence
This evidence includes medical records, accident reports, witness statements, and photographic evidence of the accident scene. Law firms also investigate the accident site and ensure that any safety protocols are followed. They can work with medical professionals to evaluate your injuries and their potential long-term impact on your life.
Dealing With Insurance Companies and Their Legal Representatives
Law firms can help you navigate the complexities of insurance claims and negotiate the best possible settlement for your injuries. They can also help you with filing lawsuits if necessary.
Litigate the Case in Court
If your construction accident case goes to court, the right law firm will be ready to litigate. They will work to seek the compensation you deserve for your injuries, damages, and pain and suffering.
If You’ve Been Injured in a Construction Accident, Get the Compensation You Deserve
Under California law, injured workers are entitled to compensation for medical expenses, lost wages, and other damages resulting from their injuries. However, obtaining this compensation can be a challenging and lengthy process, especially without the guidance of an experienced attorney.
If you’ve been injured in a construction accident, it’s crucial to seek legal guidance as soon as possible. Our legal team can help you navigate the complex workers’ compensation system, negotiate with insurance companies, and pursue legal action against third-party contractors or manufacturers if necessary.
At Frantz Law Group, we understand the devastating effects that construction accidents can have on workers and their families. Our experienced personal injury lawyers have successfully represented hundreds of clients in construction accident cases, ensuring they receive the compensation they deserve.
We take pride in providing our clients with effective and compassionate legal representation. We understand that every case is unique, and we work tirelessly to ensure our clients receive the maximum compensation for their injuries.
Our attorneys deeply understand California’s workers’ compensation, personal injury laws, OSHA regulations, and industry standards.
Don’t let your construction accident go uncompensated. Contact Frantz Law Group today to schedule a free consultation with one of our experienced attorneys.