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Construction Accidents
The construction industry has one of the highest injury rates among workers. On-site working conditions, lack of proper training, and improper use of safety equipment often lead to serious injury and even death. The involvement of scaffolds, ladders, heavy equipment and in some cases dangerous chemicals, greatly increase the risk of construction accidents.
Construction safety programs and required equipment inspections and specifications work to assist in safety awareness on construction sites. The construction industry must also comply with the Occupational Safety and Health Act of 1970. This important labor act is enforced by the Occupational Safety and Health Administration (OSHA).
Workers Compensation
In many cases, a state will require employers to carry workers compensation insurance, securing payment for lost wages and medical bills procured as a result of construction site injuries. Workers compensation laws were established to avoid litigation when a worker is injured on the job and to allow injured workers to receive medical treatment and lost wages without having to prove their injuries occurred as a result of employer negligence.
Injured employees are entitled to workers compensation for costs related to:
- Long and short term injuries.
- Total or partial permanent loss of any body part
- Vocational training that allows an injured employee to perform another type of work in the event that the injury prevents the return to construction work
- Physical Therapy
In the event that an employer challenges a workers’ compensation claim, the case is heard by a designated administrative agency. An Administrative Law judge determines whether an employee is entitled to receive workers’ compensation.
Construction Accident Liability
Because several individuals or organizations may work at a construction site, many different parties may be liable for injuries that occur. Liable parties may include the construction site owner, contractors, construction managers, or engineering professionals. Manufacturers of construction machinery may also be liable for accidents.
General and sub-contractors both have legal obligations to provide a construction site that is reasonably safe and must warn employees of any hazards on the site or hazards related to the type of work.
A general contractor is responsible for job safety on the entire site and must comply with all OSHA regulations. Although the general contractor is ultimately responsible for construction safety, any sub-contractor brought onto the site must also ensure job safety and must always be in compliance with OSHA regulations as well.