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Serious Injury On The A Construction Job Site
Construction accidents on a job site are one of the most common occupational injuries that can occur in the United States today. Not only are construction accidents common, but they can quite often be the result of a serious injury or can even be fatal. It is important for workers on a construction site, as well as their loved ones, to be aware of their legal rights after such an injury.
Construction site accidents and injuries are often a common part of the workplace because of the dangerous equipment, chaos and deadline-driven environment that surrounds this industry. The following statistics were released from the U.S. Department of Labor Bureau of Labor Statistics on workplace safety and injury statistics:
* One of every five workplace fatalities is a construction worker.
In 2001, there was just over 1,200 fatal injuries in the construction industry, although this number excludes deaths on September 11. Also in 2001, there were 481,400 nonfatal injuries and illnesses in construction. Incidence rates for nonfatal injuries and illnesses were 7.9 per 100 full-time workers in construction, and 5.7 per 100 full-time equivalent workers in all private industry in 2001.
* Because only about 10% of construction companies employ more than 20 workers, the great majority have no formal job safety regulations or programs in place.
The “lost-workday” rate for construction workers in 1992 was five.7 out of every 100 workers (full time). This lost-workday rate was the highest of any major economic sector.
* Nationwide, about 15% of workers’ compensation costs are attributable to injuries in the construction industry.
Nearly all significant injuries in the construction industry result in workers’ compensation rights. Those limited rights, however may be supplemented by legal actions against others who have responsibility for various activities on the jobsite, including construction managers, general contractors, subcontractors, equipment manufacturers, etc. These rights depend upon the application of various complex laws and the individual circumstances of the accident.
For example, in most construction projects, many different contractors are involved. If any contractor other than the direct employer has responsibility for the injuries, full damages can be recovered. Likewise, if a defective tool, machine, or other product causes injury, an injured worker can be fully compensated.
Construction workers have a right to a safe workplace according to OSHA, the Federal governing body for occupational safety and health. If a workplace hazard exists and action is not taken quickly, an employee should contact an OSHA area office or state office via a written complaint. If the OSHA or state office determines that there are reasonable grounds for believing that a violation or danger exists, the office will conduct an inspection.
A workers’ representative has a right to accompany an OSHA compliance officer during the inspection. A union representative, if one is available, chooses the representative otherwise employees will choose the representative. Under no circumstances may the employer choose the workers’ representative. A detailed inspection by an inspector can occur of either the entire work area or of a limited area of a workplace operation. At the end of the inspection, the OSHA inspector will meet with the employer and the employee representatives to discuss the abatement of any hazards that may have been found. These need to be corrected or serious penalties and legal liabilities may arise.