How to Claim For Just Compensation in a Construction Accident

According to the Census of Fatal Occupational Injuries (CFOI), prepared by the US Bureau of Labor Statistics, construction sector workers are highly vulnerable to accidents. According to a 2008 report, the construction sector recorded more than 950 accidents (the third highest among all the industrial sectors) in 2007.

Hazards and risks that the construction worker faces cannot be totally eliminated. This is particularly due to the use of heavy equipment, such as machines, scaffolds, ladders and trolleys. However, on many occasions, construction accidents occur due to non-adherence to the prescribed safety standards. Insalubrious industry practices lead to worker casualties due to falls, burns, chemical exposures and explosions.

Occupational Safety and Health Act

According to Federal laws, a construction site must comply with the ‘Occupational Safety and Health Act (OSHA) of 1970,’ in terms of the safety standards. The law calls for strict adherence to the worker safety provisions and periodical inspection of the same. Some of the basic safety requirements include:

Compulsory first aid box

Installing fire extinguishers

Proper testing of heavy equipment before on-site use.

Compulsory safety caps and gloves for all workers while on-site

For detailed information about industry practices prescribed under the OSHA, you can either visit or consult a legal expert.

Who is Responsible for a Rear End Collision Safety Construction Accident?

In most US states, if the plaintiff can prove violation of safety standards under OSHA, the court holds the site owner or construction agency liable for the accident. To this effect, they are required to compensate the worker as per the court’s orders. However, in some states, the court will ask for more evidence to declare a verdict.

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Once the court rules in the favor of the plaintiff, the liability of different parties responsible for the construction site is weighed. Mostly, for construction work, there is a site-owner, who delegates the work to a construction agency or manager. The construction agency can either do the project What To Do After A Personal Injury Accident themselves or outsource it to a sub-contractor. Depending on the degree of control over the work going on at a construction site, the individual liability of each party is defined. As per the regulation, the main contractor is primarily responsible for non-compliance to the OSHA safety standards.

Worker’s Compensation

Most US states have worker’s compensation laws, which offer insurance to workers in different industrial sectors. The law entitles a worker to compensation and medical treatment for any injury or damage at the work place. This law does not require the injured to prove the employer’s fault in order to compensate workers. However, for heavy casualties or death due to a construction accident, the damages granted by worker’s compensation are insufficient. Thus, to claim for just compensation, one has to file a liability claim against the site owner and other involved parties. It is advisable to consult a in the arena of construction accidents for a fair representation of your rights.