Construction Injury Law
Construction Injury Law deals primarily with workers’ compensation claims 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.
Many construction workers are only able to avail themselves of workers’ compensation when they have a work injury, although there are some exceptions. Workers’ compensation benefits include wage replacement, medical coverage, vocational rehabilitation, and other assistance.
Because construction workers who have been injured on the job may have a workers’ compensation claim, a personal injury claim, and sometimes both, it is advisable to consult with an attorney knowledgeable in construction accident and injury law to determine your rights. Copyright HG.org
Know Your Rights!
Construction Injuries Law - US
- OSH Act of 1970
An Act to assure safe and healthful working conditions for working men and women; by authorizing enforcement of the standards developed under the Act; by assisting and encouraging the States in their efforts to assure safe and healthful working conditions; by providing for research, information, education, and training in the field of occupational safety and health; and for other purposes.
- OSHA - Personal Protection Equipment
Personal protective equipment (PPE) hazards are addressed in specific standards for the construction industry. This section highlights OSHA standards, Federal Registers (rules, proposed rules, and notices), directives (instructions for compliance officers), and standard interpretations (official letters of interpretation of the standards) related to PPE in the construction industry.
- OSHA Standards, Safety and Health Regulations for the Construction Industry
Several OSHA standards for the construction industry address safety and health program elements. Following is a list of topics relevant to developing and maintaining a safety program, along with some regulatory citations applicable to each topic.
- Types of Construction Injuries
Many construction accidents could be avoided with proper attention to safety regulations, equipment maintenance, and employee training.
- Worker's Right to File Complaints
The Occupational Safety and Health Act of 1970 gives employees the right to file complaints about workplace safety and health hazards. Further, the Act gives complainants the right to request that their names not be revealed to their employers. Complaints from employees and their representatives are taken seriously by OSHA.
Organizations Related to Construction Injuries Law
- National Safety Council
The council is helping businesses achieve safety excellence through research, thought leadership and practical tools. We will help you determine where you are, what the gaps are to where you want to be, how to close the gaps and continue to improve, and how to reassess and measure your improvement while identifying additional needs.
- NORA Construction Sector Council
A goal of the NORA Construction Sector Council is to identify the most salient needs of this large and diverse sector. We seek to facilitate the most important research, understand the most effective intervention strategies, and learn how to implement those strategies to achieve sustained improvements in workplace practice.
Publications Related to Construction Injuries Law
- Construction Safety Information
The construction industry employs 6% of all the workers in the United States. Fatalities in this field account for 20% of all deaths though. With buildings and roads constantly being built, maintained and remodeled in this country there is a large need for employees. Over 9 million people work in this field. The top causes of these deaths are falls, electrocution, being struck by a falling object, motor vehicle crashes, and machines. Dozens of construction workers are injured every day and many of these injuries could be prevented with proper training and the right safety equipment.
- DOL - Census of Fatal Occupational Injuries Summary
A preliminary total of 4,340 fatal work injuries were recorded in the United States in 2009, down from a final count of 5,214 fatal work injuries in 2008. The 2009 total represents the smallest annual preliminary total since the Census of Fatal Occupational Injuries (CFOI) program was first conducted in 1992.
- NIOSH Fatality Assessment and Control Evaluation (FACE) Program
The following list of reports are fatality investigations of incidents where construction workers were killed. These investigations were conducted under the NIOSH Fatality Assessment and Control Evaluation (FACE) program.
Articles on HG.org Related to Construction Injuries Law
- Construction workers at a higher risk for accidentsNot long ago a Queens construction worker died when he fell through a floor and struck his head on a steel girder. The 42-year-old worker was rushed to the hospital but sadly died shortly afterward from his injuries.
- 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.
- 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.