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NYC Personal Injury Lawyer » New York Personal Injury Blog » Can I Sue My Employer for Violating OSHA at a Construction Site in NYC?
Posted in Construction Accidents on August 15, 2022
Generally, workplace injuries fall under worker’s compensation. Therefore, a worker’s exclusive remedy is normally to file a workers’ comp claim. However, when an employer violates OSHA at a construction site in NYC, an injured worker might have a claim against the employer.
Construction accidents account for thousands of deaths and injuries each year. According to OSHA, construction is a “high hazard” industry. Workers are exposed to numerous conditions and engage in many activities that put them at a high risk of injuries.
Therefore, OSHA has regulations to decrease the risk of injuries on a construction site. OSHA strives to improve worker safety by regulating safety practices in construction and other industries.
OSHA regulations require employers to provide safe working conditions for construction workers. For example, OSHA Safety and Health Regulations for the construction industry include requirements to reduce the risk of injury from:
Some OSHA regulations require employers to provide safety equipment, such as head protection and ear protection. Employers might be required to provide other safety equipment depending on the type of construction job.
In addition, OSHA has numerous regulations related to safety procedures that construction sites must follow. Many of the procedures are mandatory.
Violating OSHA regulations or New York Safety & Health Code rules could subject an employer or other party to fines and other penalties. However, in addition to the penalties imposed by the federal or state government, violations of safety regulations could result in an employer’s liability for employee injuries.
Employees have the right to work in a safe environment. While there could be inherent risks involved in construction work, it does not excuse the employer from its obligation to provide a safe working environment.
Therefore, if an employer fails to follow OSHA’s safety regulations for construction sites, an injured employee might have a legal claim against the employer for damages. The OSHA violation could give an injured construction worker grounds for suing the employer.
The first step is to contact a construction accident lawyer. A lawyer evaluates your case and advises you of your legal rights. The attorney also explains the process for pursuing a claim for a construction accident and injury.
After an accident, seek immediate medical attention for injuries and report the accident and injury to your employer. If the injury occurred on the job, workers’ compensation benefits should cover the cost of medical care. You may also receive wage benefits if you cannot work because of your injury.
Contact a New York City construction accident lawyer as soon as possible. The attorney reviews your case to determine the types of actions available based on workers’ comp and tort laws. The lawyer also reviews the case to determine if an OSHA violation led to your injury.
Your lawyer may advise you to report the safety violation to OSHA. The agency investigates the report to determine if the employer violated OSHA regulations. If so, the agency could mandate changes at the construction and impose high fines for the violations.
Safety violations are common on construction sites. Employers, contractors, and other parties take shortcuts to reduce costs and overhead. Unfortunately, these violations can lead to preventable injuries and death.
Five out of the top ten most frequently cited standards by OSHA in 2021 were in the construction industry. They were:
If you sue your employer for an OSHA violation, you could receive compensation for damages not included in a workers’ compensation claim.
Workers’ compensation benefits pay for necessary medical care. You can also receive disability benefits if you are out of work because of a workplace injury, typically two-thirds of your average weekly wage.
However, filing a lawsuit against your employer or a third party could result in reimbursement for all lost wages and benefits, including diminished earning capacity if you have a permanent impairment. You can also receive compensation for out-of-pocket expenses, personal care, and other economic damages.
In addition, a civil case can provide compensation for non-economic damages. Workers’ comp does not pay injured workers for their pain and suffering. Non-economic damages could include:
Working with an experienced New York City construction accident lawyer is the best way to ensure you pursue all potential claims regarding a construction injury.
Remember, you have the right to consult legal counsel about an injury at work before making any decisions regarding a claim. However, there are deadlines for filing workers’ comp and personal injury lawsuits, so talk with a lawyer as soon as possible.
If you need legal assistance, contact the New York City construction accident lawyers at Law Offices of Jay S. Knispel Personal Injury Lawyers at your nearest location to schedule a free consultation.
We have two convenient locations in New York:
Law Offices of Jay S. Knispel Personal Injury Lawyers – New York City Office
450 7th Ave #409
New York, NY 10123
Law Offices of Jay S. Knispel Personal Injury Lawyers – Brooklyn Office
26 Court St Suite 2511
Brooklyn, NY 11242