Construction Injury Law
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.
Articles About Construction Injuries Law
- Texas Wrongful Death Lawsuits DecodedIf one of your family members has died in an accident, you may be able to recover damages on a wrongful death claim. However, there are specific elements that must be proven in order to prevail on a wrongful death claim, and deadlines that must be met. Additionally, only certain "loved ones" will legally qualify as a proper plaintiff in a wrongful death matter.
- Third Parties and Construction AccidentsAccidents often occur in construction sites to workers and managers dealing with material. For the companies that purchase a workers’ compensation package, these individuals usually obtain benefits from these programs to compensate for lack of work, loss of limb, lost income and other related issues. These benefits are normally available no matter who is at fault for the accident.
- Construction Zone Auto AccidentsHighways, expressways and major traffic areas are often undergoing construction. Some states have roads constantly being repaired while other states have reparations only occasionally. Due to erections in the road, truck traffic, construction cones and other machinery or decaying ground, the roadways are much more dangerous than other areas. This causes construction zones to be associated with a higher number of accidents.
- Workplace Risks in the Construction IndustryWhile every workplace poses a certain degree of risk, some industries are more inherently dangerous than others. Such is the case with the construction industry.
- What Can I Expect to Happen in a Typical Injury Case in the State of Pennsylvania?The laws regarding tort actions vary on a state-by-state basis. Further, what one can expect to experience in an injury case – to a certain extent – will depend upon the type of injury claim that is being filed (i.e. while the basic process for filing different injury claims may be similar, they will not mirror each other identically). The following provides a general overview of what you can expect to happen in a typical injury case in the state of Pennsylvania:
- How to Know When You Should Hire an Attorney for an Injury?Not all accident claims require the guidance of an attorney. However, sometimes, claims are complex enough, or injuries are severe enough, that hiring an attorney is the smartest thing a victim can do to protect their future and improve their chances of a fair resolution. So when is it time to hire an attorney for a personal injury claim? The answer depends on the specific circumstances of your case, but if any of the factors listed below apply, it may be time to call a lawyer.
- Should Hoffman v. NLRB Affect Whether an Undocumented Immigrant Is Entitled to Future Lost Wages?Many insurance companies are trying to apply the U.S. Supreme Court decision in Hoffman v. NLRB to say that undocumented immigrants should be unable to collect future lost wages in personal injury cases. This line of thinking is flawed however. Hoffman was a case dealing with a labor dispute regulated by statute, specifically the NLRA. The same standards should not be applied to a case based on tort law, which has an entirely different goal and purpose.
- Legal Responsibility for Defects in ConstructionPeople around the world enter and inhabit residential and commercial buildings every day.
- Structural Collapse AccidentsIn the city of Philadelphia, the Department of Licenses and Inspections (L&I) regulates construction and demolition projects to maintain the safety of workers and the public.
- U.S. Workers' Compensation Laws - Do They Really Protect Workers from Serious Work Accidents?Each year, over 4,500 workers are killed in this country. While the number has decreased since the 1970s, the annual number has remained steady for the last decade. Workers' compensation laws often fail to protect workers from serious work hazards. The exclusivity provision of workers' compensation laws in most states prevents injured workers from bringing lawsuits against their employers. This tends to create a situation in which employers often ignore critical safety regulations.
- All Personal Injury Law Articles
Publications About 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.
Organizations About 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.