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Some Information About OSHA’s Role in Keeping the Workplace Safe.
OSHA is a federal department formed in the 1970s by the passing of the Occupational Safety and Health Act. Its purpose is to help ensure safe, healthy, and proper working conditions for the construction industry and all employees by enforcing specific standards, guidance for workplace safety measures, safety training, etc.
The constantly expanding list of OSHA regulations covers a wide range of safety measures, especially in construction work, which is considered a very high-risk industry.
Some of the most cited OSHA standards in the construction industry include:
- Fall protection (not proper guardrails, safety harnesses, etc.)
- Specific and detailed scaffolding requirements.
- Communication, use, and labeling of hazardous chemicals, etc.
- Proper and safe use of ladders.
- Sufficient protection from electrical systems, and much more.
All North Carolina employers are legally (and morally) obligated to comply with OSHA standards. This mandate demands that they must assess all their job site risks, implement correct safety protocols, train workers properly, and provide all the necessary equipment to protect their workers. If your employer fails to do so, and you are injured due to their negligence, then the OSHA investigation and violation can be a critical, and highly significant, piece of evidence in any legal action that you, and your experienced and knowledgeable, construction accident lawyer may file to get you the compensation you need and deserve.
What Are Some Ways an OSHA Violation May Affect My Construction Accident Lawsuit?
When serious (and sometimes even minor) on-the-job accidents occur, OSHA’s investigation, final report, and determination of the violations will play a major role in your injury or wrongful death lawsuit.
In general terms, OSHA’s guidelines and gathered information will usually:
- Help your lawyer establish your employer’s negligence -In all personal injury cases, you (as the injured party) must prove that the defendant (your employer) was negligent in their actions. If an OSHA violation is involved and proven, it commonly establishes that your employer failed to meet their legal duty of care; a skilled and tenacious construction accident lawyer will use this valuable information to present and possibly win your case favorably.
- Prove and support claims against third parties – Sometimes your construction accident wasn’t your employer’s fault, but due to a third party, a subcontractor, equipment manufacturer, or property owner, etc. Any OSHA violations by these third parties may also be used to show negligence.
- Not a direct cause of action, but very persuasive evidence – Due to the exclusivity of North Carolina’s workers’ compensation system, you must comprehend that, in some cases, workers cannot sue their employers for OSHA violations directly. However, your lawyer may still use any cited OSHA violations as significant and persuasive evidence in lawsuits against many non-employers and third parties. Additionally, your lawyer may put forth gross negligence claims outside the workers’ compensation system in limited cases.
The above are only a few of the ways that OSHA violations may be used to help your empathetic, well-versed construction accident lawyer play a significant part in helping you and your family move forward after a dire construction accident injury.
In What Ways May OSHA Investigations Impact My Civil Litigation?
In many construction accident cases, especially those that involve injuries, hospitalization, or death, OSHA will pursue a formal investigation.
The findings of these investigations can significantly help your civil personal injury case, and often may include:
- Highly detailed and documented accident reports.
- Eyewitness and other workers’ statements.
- Safety inspection records, reports, and citations regarding your employer.
- Fines, penalties, or stop work orders for violations, and much more.
When your knowledgeable, thorough, and experienced construction accident lawyer strategizes and presents your case, these OSHA reports are often critical in their successful litigation. These reports may not determine conclusive proof of negligence, but they can significantly enhance and bolster your case by demonstrating that safety standards were not met.
In-depth OSHA investigations can take weeks or months, but certain portions of their investigation, such as citations, may be available quickly. However, the in-depth report may not be released until the investigation concludes. This is one of the key reasons your lawyer must rapidly move to secure all relevant evidence from the job site before conditions change or witnesses forget what occurred. So, the sooner your lawyer gets involved, the better your chances of successfully obtaining the full compensation you need to move on with your life.
How May Workers’ Compensation Affect My Construction Accident Lawsuit in North Carolina?
If a construction worker is injured in North Carolina, they are usually eligible for workers’ compensation. Workers’ compensation is a no-fault system that provides medical coverage, wage replacement, and more. However, if you utilize workers’ comp and its benefits, in many cases, it generally bars lawsuits against your employers, even if an OSHA violation has occurred.
But you must know that there are exceptions to this regulation, particularly when a third party’s negligence caused or contributed to your accident.
A few of the most common examples of these types of exemptions include:
- Let’s say a scaffolding company provides defective equipment.
- You were injured by a negligent crane operator hired by a different contractor.
- The general contractor fails to coordinate site-wide safety protocols, etc.
In almost all these situations and more, you, as the injured worker, will be able to file a personal injury lawsuit against the third party responsible. Any of the OSHA violations found may be key to proving that party’s liability and winning your case.
North Carolina law allows lawsuits against employers in numerous situations. For example, if your employer’s conduct rises to gross negligence, proving an extreme disregard for your safety, OSHA violations may be used to confirm this.
You must note that almost all dire (and even some minor) construction accidents are legally challenging to litigate, as much is involved. This is why, if you and your family want to obtain the full compensation you need to recover and thrive, the help of a highly experienced, passionate, and tenacious construction accident lawyer is mandatory.
I’ve Been Injured in a Construction Accident in North Carolina; How Should I Proceed?
First, if you’ve been injured in a North Carolina construction accident, never assume that workers’ compensation is your only option; as it’s most definitely not. This is especially valid if an OSHA violation affects your injury. These violations are helpful and compelling tools that your highly skilled and passionate construction accident lawyer will use to hold all the negligent parties accountable and secure the full compensation you deserve.
The local and highly experienced construction accident lawyers at Rowland & Yauger Attorneys & Counselors at Law have for over twenty five years, assisted injured workers and their families in uncovering the truth about their accidents, successfully fighting large construction companies, and recovering the total compensation your need for needed medical treatment, lost wages, and all your future care.
Call them today at (336) 537-5547 in Asheboro or (910) 621-2991 in Carthage for consultation on your unique case. They will work tirelessly, using their experience and passion to pursue all the legal options available to successfully get you the full compensation you need to move optimistically forward with your life.
