We must emphasize that the work in construction is hazardous. According to official data, in 2014, a total of 4,679 construction workers died due to the four “big” fatal causes in this industry: falls, electrocution blows, or getting caught between machinery, vehicles, or heavy objects.
Given the severe risks involved in this work, it is essential for those who carry it out to be prepared and know all the rights and protections the law offers them in this country. We will review the central requests in this post.
What Does the Law Say?
The Occupational Safety and Health Administration (OSHA) is a section of the Department of Labor responsible for reducing hazards to workers on the job site at the federal level.
To comply with that premise, OSHA imposes both rights for those working in this industry and obligations for their employers.
Rights of Construction Workers
Be able to read and review the copies of all the appropriate standards, rules, and regulations and know all the requirements that your employer must comply with within the workplace.
Access relevant data on the risks to which one is exposed as a worker, including medical information. Review the records of damages, injuries, and illnesses that occurred because of work in the past. Also, receive a copy of the exams performed to determine the presence of hazards in the worksite.
Request the visit of an OSHA official if there are suspicions that the workplace presents additional hazards or violates the standards established by law. In these cases, appointing an authorized employee to accompany the inspector during the site inspection is also possible.
Employees who file a complaint with OSHA have a right to confidentiality, meaning the company will not give their names to the employer. Likewise, workers have the right not to suffer discriminatory actions or retaliation due to any complaint before OSHA.
Obligations of the Construction Employer
Offer a work site free of known dangers. Train safety workers and inform them of OSHA safety and health standards applicable to their type of work. The standards must be written and communicated in the best language the employees understand. Ensure that employees use safe tools and equipment. Show in a place visible to all the official OSHA posters describing all the rights and responsibilities established by law.
Establish a detailed and written risk communication system, including rules for labeling containers and material safety data sheets.
Inform employees about the existence, location, availability, and exposure of their medical files to hazardous substances during their recruitment. Then, at minimum, they must report it once a year and deliver it to the worker each time they request this information.
Injury Aftermath
Depending on the type of accident and the circumstances in which the accident occurred, there are several legal ways to receive compensation after an injury suffered at the job site. Workers’ Compensation, Demand for Personal Injury, and Demand for Defective Products are the most important.
Labor Indemnification
As we explained in a previous post, workers’ compensation is insurance paid by the employer covering financial benefits or medical treatment for employees injured or become ill because of their work without pointing to guilt for the damages. When an employee is injured while working, they can request the benefits his employer owes him by law. If the employer refuses to compensate workers after an injury, the case can escalate and become a personal injury claim.
Claim for Personal Injury
Workers’ Compensation rules only apply for cases in which the relationship between the parties involved is between employer and employee. But in a construction site, there are always many parties involved: a general contractor, a property owner, several subcontractors, the architect, the engineers, and suppliers of machinery and materials, among others, and all of them must ensure the safety of construction workers. If the injured worker believes that one or more of the parties involved were guilty or liable for the harm suffered, he can take the case to court by filing a Personal Injury claim with the help of a lawyer.
A successful personal injury claim must demonstrate the following
- That the accused had a duty to ensure the safety of the worker.
- That the defendant failed to do so.
- That the accused’s action or lack of action was the cause of the injury suffered by the worker.
Suppose it is shown that the accused party engaged in negligence that resulted in an injury, the company violated the rules established by OSHA or the worker was not trained in safety matters. In that case, the accused party must answer for the damages.
The compensation for these damages usually considers the following
- Medical expenses, including treatments, therapies, and exceptional care.
- Salaries were lost due to the injury.
- Pain and suffering.
- Loss of ability to lead an everyday life.
Demand for Defective Products
Poor equipment, tools, or construction materials may have caused a worker’s injury. When this happens, the product’s designer, manufacturer, or marketer who caused the injuries can be identified as responsible.
A successful claim for defective products usually proves that
- The product was dangerous at the time of delivery by the defendant.
- The product was being used correctly when the injury occurred.
- The product was the cause of the damage suffered by the worker.
Construction Accident Protocol
First, try to get medical attention immediately. The damage’s severity is not always evident, and the complications of not receiving treatment in time could be severe and even fatal. Once you are safe, ask your doctor for a medical report describing the injuries you suffered at the site.
Then, inform your employer or the shift manager about what happened. Be sure to print the name of the person to whom you report what happened. Also, note any other person who was there and witnessed the incident. Collect all evidence and take pictures of your injuries.
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