Question

Will an OSHA violation affect my construction accident injury case in Pennsylvania?

Ezra Wohlgelernter - Personal Injury - General - Super Lawyers

Answered by: Ezra Wohlgelernter

Feldman Shepherd Wohlgelernter Tanner Weinstock Dodig LLP
Philadelphia, PA
Phone: 877-224-7165
Fax: 215-599-1751

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Answer

Suffering a serious injury at work is not fair — you go to your job every day expecting to act safely and be kept safe by your managers, co-workers and the third-party companies involved. When something goes wrong due to someone else’s negligence, the injuries from an accident tend to be severe and life-altering. 

To prevent accidents like this, there are countless elements in place to keep dangerous worksites safe for employees. To help combat the dangers of these types of surroundings, the Occupational Safety and Health Administration (OSHA) has strict standards that construction environments must follow. If their inspections reveal subpar standards of safety, it can change your construction accident injury case. 

OSHA Was Created To Help Keep You Safe And Investigate Issues

Any OSHA inspection that can, and should, take place can help strengthen your case — or it may reveal “plain” negligence on the part of the company or employee. Discovering that OSHA standards were upheld can reflect poorly on your case if you are found to be the negligent party. This can occur from drugs or alcohol being used on the job or reckless use of equipment. 

If your company or manager does not bring OSHA in to investigate your accident, you have the right to request an investigation. The OSHA area director will review the situation. They have an obligation to respect your employee rights, which may involve conducting a thorough examination of the conditions or violations that led to an incident. An inspection request or written complaint will be kept private from your employer. You will not face revengeful actions from your manager, co-workers or employers for requesting OSHA to review the construction site. 

OSHA Investigations May Help Strengthen Your Injury Case

If OSHA finds negligence at your workplace that led to your accident, it will help make your case stronger. They can provide testimony and substantial evidence to boost your injury claim. This can help with the compensation you are owed.

Construction site accidents that are likely to involve OSHA investigations commonly include:

  • Structural or trench collapses
  • Equipment and machine accidents or malfunctions
  • Crane and aerial lift accidents
  • Refinery explosions
  • Electrical accidents and explosions
  • Exposure to asbestos
  • Open or unguarded holes
  • Lack of proper protections during a fall

Common Injuries At Construction Sites 

Construction accidents tend to be catastrophic in nature because they involve dangerous work areas and machinery, large teams on site and complicated processes. Innocent employees are seriously injured every year in Philadelphia. We commonly see victims suffering from: 

  • Spinal cord trauma, such as paraplegia or quadriplegia
  • Traumatic brain injuries
  • Chronic or lifelong health conditions
  • Wrongful death
  • Amputation or partial amputation of limbs

Find Out If An OSHA Inspection Changes Your Case 

After such a severe injury, no doubt you are expecting medical bills to be covered and compensation for this unfair pain and suffering. Before any settlement can be determined, your case will need strong representation over many weeks. 

Many legal factors are at play in these construction site accidents — from personal injury to workers’ compensation claims. A skilled Philadelphia construction accident lawyer will watch out for your best interests and provide a legal strategy that complements OSHA’s findings.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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