Construction Accident Law
What is Construction Accidents Law? This deals with the personal injury and wrongful death cases resulting from construction accidents, as well as the safety laws, regulations and standards governing the construction industry. The Occupational Safety and Health Administration (OSHA) is the governing regulatory body for construction site safety. Most states have also adopted some form of safety regulations.
Construction accidents can range from minor to catastrophic, and frequently result in death. The types of injuries one can sustain from these accidents include: amputations; blindness; deafness; broken bones, back; burns; coma; concussion; paralysis; severed spinal cord; Traumatic Brain Injury; and much more. These accidents can result from the negligence of others, faulty construction equipment; defective products; defective machines; inadequate safety or equipment training, as well as negligent or reckless co-workers.
Some construction workers are limited by law to receiving only workers’ compensation for their construction injuries. However, in many cases, workers can also recover damages from partially or completely responsible parties, who are not their employer, for causing their injuries, based upon theories of negligence and product liability. If a worker is hurt due to factors other than job safety, such as defective tools or equipment, the injured worker may be able to file a personal injury claim against the manufacturer. They also may be able to recover damages from the owner of the site and the general contractor. The responsible party may be held liable for damages, including medical bills, loss of wages, and pain and suffering.
Various entities may be liable for construction accidents. They include the construction site owner, architects and engineering professionals, contractors, construction managers, and manufacturers of construction machinery or equipment. In some states if an injury results from an OSHA regulation violation, the construction company is negligent and liable for injuries. Copyright HG.org
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Construction Accidents Law - US
- ABA - Forum on the Consruction Industry
The Forum is a national association of legal professionals in the construction industry, and serves as a venue for continuing education, information sharing, discussions on new technologies in the profession/industry, and networking.
- Department of Labor - OSHA
The United States Occupational Safety and Health Administration (OSHA) is an agency of the United States Department of Labor. It was created by Congress of the United States under the Occupational Safety and Health Act, signed by President Richard M. Nixon, on December 29, 1970. Its mission is to prevent work-related injuries, illnesses, and occupational fatality by issuing and enforcing standards for workplace safety and health. The agency is headed by a Deputy Assistant Secretary of Labor.
- Fatality Assessment and Control Evaluation (FACE) Program
The National Institute for Occupational Safety and Health (NIOSH) Fatality Assessment and Control Evaluation (FACE) program is a research program designed to identify and study fatal occupational injuries. The goal of the FACE program is to prevent occupational fatalities across the nation by identifying and investigating work situations at high risk for injury and then formulating and disseminating prevention strategies to those who can intervene in the workplace.
- National Institute for Occupational Safety and Health (NIOSH)
The mission of the NIOSH is to generate new knowledge in the field of occupational safety and health and to transfer that knowledge into practice for the betterment of workers. To accomplish this mission, NIOSH conducts scientific research, develops guidance and authoritative recommendations, disseminates information, and responds to requests for workplace health hazard evaluations.
- Occupational Health and Safety Act of 1970 (OSHA)
The federal law which governs workplace safety and health in the United States. Enforced by the Occupational Safety and Health Administration (OSHA), the document defines standards and regulations for a safe and healthy working environnment, particularly in construction sites.
- OSHA - Construction Industry Compliance Assistance Quick Start
This guide is a compliance checklist for industry employers with regard to federal requirements and guidance materials for construction sites in the US. The guide is a valuable resource for employers on such compliance requirements as surveying the workplace for potential hazards, developing a job site safety and health program, training construction workers in workplace safety, and keeping records of job site injuries and illnesses for reporting purposes, among others. The guide also has a resource page on additional compliance information.
- Safety and Health Regulations for Construction Standard No. 1926
OSHA index of regulations for the construction industry, defining standards for job site safety and protection.
- United States Department of Labor
The Department of Labor fosters and promotes the welfare of the job seekers, wage earners, and retirees of the United States by improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and health care benefits, helping employers find workers, strengthening free collective bargaining, and tracking changes in employment, prices, and other national economic measurements. In carrying out this mission, the Department administers a variety of Federal labor laws including those that guarantee workers’ rights to safe and healthful working conditions; a minimum hourly wage and overtime pay; freedom from employment discrimination; unemployment insurance; and other income support.
Construction Accidents Law - International
- Canadian Centre for Occupational Health and Safety
The Canadian Centre for Occupational Health and Safety (CCOHS) has a vision: the elimination of work-related illnesses and injuries. We serve Canadians – and the world – with credible and relevant tools and resources to improve workplace health and safety programs.
- Index of Australia’s National Standards, Codes of Practice and related Guidance Notes
The index includes the National Standard for Construction Work (2005), which defines public requirements on managing workplace safety. Released by the National Occupational Health and Safety Commission, it defines the employer’s obligation to control risks, the responsibilities of designers, and most especially the responsibilities of “persons with control” of a construction project or work in reducing hazards in the workplace.
- Institution of Occupational Safety and Health (IOSH)
The Institution of Occupational Safety and Health (IOSH) is the Chartered body for health and safety professionals. With more than 37,000 individual members, we’re the biggest professional health and safety organisation in the world.
- Occupational Safety and Health Convention of 1981
International Labor Organization (ILO) Convention #155 ratified by 54 countries—among them Australia, Sweden, Norway and China—with regard to defining a national policy on occupational health, safety and the working environment.
Organizations Related to Construction Accidents Law
- Advisory Committee on Construction Safety and Health (ACCSH)
The ACCSH is a 15-member body that provides advice and assistance in construction standards and policy matters to the Assistant Secretary. The Construction Safety Act also requires the Labor Secretary to consult with the Advisory Committee in the formulation of construction standards.
- Center for Construction Research and Training (CPWR)
The Center for Construction Research and Training, formerly known as The Center to Protect Workers’ Rights (CPWR), is a 501(c)(3) non-profit organization created by the Building and Construction Trades Department, AFL-CIO. Since the inception of research initiatives in 1990, CPWR has become an international leader in applied research, training, and service to the construction industry.
- Laborers’ Health and Safety Fund of North America
The Laborers’ Health and Safety Fund of North America exists to: * enhance jobsite safety and health * improve the competitiveness of LIUNA signatory employers * strengthen the Laborer's International Union of North America (LIUNA)
- The Construction Safety Council
Founded in 1989, the Construction Safety Council is a non-profit organization which advocates safety and health interests in the construction industry worldwide. Its mission is "to reduce the tragic and costly accidents, injuries and illnesses that take the lives of six construction men and women in the United States every day."
Publications Related to Contruction Accidents Law
- Electronic Library of Construction Occupational Safety and Health (eLCOSH)
In an effort to provide our users with the most up-to-date safety information, eLCOSH managers have created a new section: Safety Recalls. You’ll find recalls that are relevant to the construction trades that threaten worker safety and health.
- The OSHA Pocket Guide to Construction Hazards and Solutions
The OSHA pocket guide to construction hazards and how to proactively respond to them, culled from OSHA standards that are frequently cited in the Agency’s annual reports. The guide includes safety specifics when working in scaffolding, ladders, stairways, trenching, cranes, and forklifts, as well as fall protection basics, safety regulations and a personal protective equipment checklist.
Articles on HG.org Related to Construction Accident Law
- Common Construction InjuriesConstruction work can be very dangerous. Heavy equipment, heights, dangerous obstacles all around: construction work presents unique hazards most other occupations do not. As a result, injuries on construction sites are all too frequent an occurrence.
- Burn Injuries and Brain DamageStatistics show that there are 450,000 emergency room visits due to burn injuries every year in the United States. After emergency treatment, 10% of those injuries (or some 45,000 people) will be admitted to long-term care or treatment at burn centers. Unfortunately, about 3,500 of these burn victims will not survive.
- How Does the Workers’ Compensation System Work in Missouri?In Missouri, employers are required to have workers’ compensation insurance coverage. Employers can obtain this insurance either with a private insurance company, or can self insure. With some exceptions for domestic servants and agricultural workers, every employer who retains more than five employees must have workers’ compensation insurance.
- Injured Worker Did Not Have Requisite Causal Opinion From DoctorIn a recent 8th District decision, the Court affirmed summary judgment in favor of an employer who argued that records from claimant's treating physicians did not establish sufficient causal connection between diagnosis and workplace injury.
- Workers Compensation: Shoulder InjuriesInsurance companies will often deny benefits. They dispute shoulder injuries by blaming your problems on arthritis or that the injury did not result from a work related incident.
- The Three Main Causes of Construction AccidentsMost construction accidents are caused by one of three main reasons. Generally, a failure in training or a poor decision.
- Workers' Compensation Insurance FraudCrackdown On Workers Compensation Fraud Cases Punishes Business Owners Without Workers Compensation Insurance: Two recent cases where business owners fail to maintain workers compensation insurance are showing that law officials will not stand for businesses that commit workers' compensation fraud and violate state law.
- Workers' Compensation OverviewConfused about work injuries? A Workers' Comp attorney may be able to help if your claim was denied. If you have concerns about the way your Workers' Compensation claim is being handled, seek legal counsel. - What is Workers' Compensation? When an employee is injured at work, whether or not the worker was at fault, benefits may be available.
- Securing Full Compensation for Negligence VictimsIf you have been injured due to another party's negligence or misconduct, it's important that you secure the support and guidance of a dedicated Dallas personal injury attorney. Most people make the mistake of assuming the responsible party's insurance company will handle things fairly, but this is not usually the case.
- Information After a Brain InjuryReceiving a brain injury diagnosis after a car accident, birth injury or other traumatic event is devastating. Both the injured person and his or her family have many questions and the future seems very uncertain. Fortunately, many informational resources are available for people with brain injuries that can make life easier.
- All Tort and Personal Injury Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Tort and Personal Injury including: animal bites, asbestos mesothelioma, back and neck injury, bicycle accident, birth injury, brain injury, burn injuries, catastrophic injuries, construction accidents, construction injuries, defamation, libel and slander, defective products, industrial injuries, mass tort, negligence, nursing home abuse, pedestrian accident, personal injury, premises liability, product liability, sexual abuse, slip and fall, spinal cord injury, torts, toxic mold, toxic torts, workplace injuries and wrongful death.


