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
- Suing a Commercial Landlord for Injuries Occurring on Property in New YorkNew York state imposes strict laws regarding how properties must be constructed and maintained in order to avoid injury to renters, business customers, visitors and others. The rules that apply are based on the area to be protected and the status of the visitor. It is important to talk to an experienced premises injury lawyer to learn about your potential right to recovery.
- Construction Expert Witness Describes Possible Construction DefectsThe defects that may exist within a construction site or with materials are frequently the cause of severe and grievous injuries or even death at the site. When this happens, a construction expert witness is generally hired for the confusion or to connect the defects to the proper responsible party for liability and damages owed to the person or family.
- Construction Site Injury and Expert Witness Testimony and ReportsThe reports and testimony that an expert witness provides is crucial in construction site injuries where an employee or bystander harmed from the site presses a claim in civil court. The expert needs to explain to the judge or jury how the incident occurred, what injuries exist and why treatment requires compensation.
- NYC Construction Accidents: Is Workers' Comp Enough?Construction is hard, dangerous work that requires a great deal of courage. The recent string of catastrophic accidents on New York City job sites serves as a reminder that construction work is not for the faint of heart.
- Construction Expert Witness Explains How to Reduce Risk at Commercial PropertiesWhen a construction expert witness is hired for a case, it is to explain various aspects of the building, materials, persons involved and what risks exist with these processes. To utilize a construction expert properly, the lawyer may have him or her detail what may reduce these dangers for the commercial property in question.
- Construction Expert Witnesses Explain Why Balconies CollapseBalcony collapses often lead to severe injuries or death when someone is on the ledge when the accident occurs. With the help of a construction expert witness, it may be possible to discover why this incident happened and if there is a liable party.
- Was Your Construction Site Accident Caused by Defective Equipment?If you have been involved in a construction site accident, do you know the reason why the accident occurred? It could have been faulty equipment.
- Battle Rages Over NYC's Construction Safety ActConstruction is arguably one of the most dangerous industries in which to work, if not the most dangerous -- particularly in New York. In fact, over the past two years, more than 30 construction workers have died in work-related accidents in New York City.
- The 7 Most Common Work HazardsTo assess what work conditions contribute the most to worker injuries, illnesses and deaths, the National Safety Council (NSC) sends safety consultants around the country to evaluate workplaces.
- Changes to Crane Safety RegulationsCranes are one of the largest pieces of equipment on a construction site and thus present a greater risk to construction workers, site visitors, and even passersby
- All Tort and Personal Injury Law Articles
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