Role of OSHA in Long Island Construction Accident Claims
The Occupational Safety and Health Administration (OSHA) is a federal agency that exerts some oversight over workplaces through safety inspections and investigations into accidents. Construction companies must abide by this agency’s regulations and failing to do so often causes severe accidents that lead to premises liability claims. These protocols can be complex, but a Long Island lawyer who is knowledgeable about OSHA’s role in construction accident claims could offer valuable advice if this agency is involved in your case.
Impact of an OSHA Violation
OSHA regulations are federally mandated rules that commercial workplaces such as construction sites must follow. These regulations typically come into play in major job site accidents that result in thorough investigations.
After an investigation, OSHA may determine that there was a breach of the regulations, meaning a contractor or another responsible party violated a provisional rule set down by the agency. If that violation was the cause of the accident, it could be evidence of negligence. For example, if an employee got injured by a nail gun because the workplace did not abide by the OSHA rule that all workers must be provided protective eyewear, the employer could be held liable for damages.
Violating an OSHA rule of regulation does not automatically validate an injured party’s lawsuit, but it can help. A clear violation can serve as proof of improper workplace behaviors and could boost a plaintiff’s case once it is determined.
Penalties of OSHA Violations
OSHA has the power of the federal government behind them, so violations of these regulations could result in significant fines for the responsible party. A proven violation could also result in the closure of the worksite if the agency determines that it is dangerous to any further activity.
Filing a Complaint
Large corporations may have a safety inspector on the premises who is obligated to notify the OSHA when an accident occurs. However, it is more common in accidents occurring in smaller companies for OSHA to not be immediately notified, meaning that someone will have to later file a complaint.
OSHA could exert their role in a construction accident case if an employee called them to report the accident and request an investigation into its cause. Typically, this measure is only taken when the accident is very severe and resulted in devastating injuries, rather than a minor slip and fall.
When a person reports a violation of OSHA regulations, their identity will be protected so that they do not face any backlash for their actions. Employees at construction sites are encouraged to report unsafe practices so that OSHA rules can be effectively enforced.
Speak with a Long Island Attorney About the Role of OSHA in Construction Accident Cases
OSHA’s regulations are in place for a reason, and violations of these federal rules can lead to catastrophic injuries. If you suffered a serious accident on a site and believe that your injuries were caused by someone else’s negligence, OSHA could launch an effective investigation that could strengthen your claim for compensation. A skilled lawyer could explain the role of OSHA in Long Island construction accident cases and give you peace of mind throughout the legal process. Call today to schedule a consultation.