Many workers assume that when their company is found responsible for an OSHA violation after an injury, they will receive compensation. This isn’t the case. When OSHA fines companies, the money goes to the government. This is why OSHA violations aren’t enough to help workers who have been hurt on the job.
If an injured worker needs help paying medical bills, replacing lost wages or covering other losses, New York law may provide several options. Depending on the circumstances, you may be able to file a workers’ compensation claim, bring a third-party lawsuit or pursue another legal remedy. A New York construction accident lawyer can help you understand which path may apply to your case.
Chopra & Nocerino will represent you if you have been hurt in a construction accident. Contact us online today or give us a call at (855) NYC-HURT to learn how we can help. We are real New Yorkers, and we fight for you.
KEY TAKEAWAYS
- OSHA violations can result in a company being fined.
- The fine goes to the government when OSHA issues a citation.
- Workers who want compensation for their injuries will need to pursue their own damage claim.
What Does OSHA Do After a Construction Accident?
When a worker gets hurt on a construction site or any job site, there may be an OSHA investigation of the construction accident. OSHA may conduct an on-site inspection, investigate the accident causes, interview workers, cite the company for safety violations, and collect fines.
OSHA does not enforce an injured worker’s right to damages, though. In fact, OSHA doesn’t take any steps to obtain compensation for those individuals who are hurt in a workplace accident.
Why an OSHA Violation Alone Usually Does Not Equal Compensation
OSHA Cannot Award Pain and Suffering Damages
OSHA enforces workplace safety regulations. It does not pursue a civil claim for a worker who has been hurt.
Workers who have been harmed may be entitled to make a workers’ compensation claim to get benefits from their employer. They could potentially also file a third-party lawsuit to get additional compensation for losses like pain and suffering and emotional distress. Workers do not have to prove their employer was negligent to make a workers’ comp claim, but they do need to prove negligence in personal injury cases.
If a worker wants to get paid for their losses, they will need to use the workers’ compensation system or the civil justice system to pursue their own claim. They cannot count on OSHA to get them money.
Some Serious Accidents Never Result in OSHA Citations
OSHA investigations do not always result in citations or penalties, as it depends on whether the employer violated any workplace safety laws. OSHA Investigations are also not always perfect, and sometimes the agency can’t find enough evidence to issue a citation even if there was a likely violation.
Workers can also suffer injuries even if no OSHA violations happen. The injured employee could still recover compensation and benefits under New York’s workers’ compensation laws.
Employers and Insurance Companies Often Use OSHA Strategically
Construction companies often try to minimize OSHA’s findings or downplay the company’s responsibility in construction accidents. They may treat OSHA citations as isolated incidents rather than evidence of systemic negligence, and they frequently try to shift blame onto workers instead of the company itself.
If OSHA doesn’t issue a citation, an employer may also try to use this fact to deny liability for a legitimate work injury claim, even though there may be many reasons OSHA didn’t cite the company.
What Legal Claims May Be Available Beyond OSHA?
OSHA violations and personal injury claims are separate. While an injured worker can sue after an OSHA violation, there is no requirement that OSHA issue a citation for you to file a construction accident lawsuit in New York.
In fact, many injured workers bring third-party liability claims after construction accidents to recover compensation from someone other than their employer, such as a property owner, contractor, subcontractor, equipment manufacturer or another party whose negligence or wrongdoing contributed to the accident. A third party may still be legally responsible even if OSHA did not cite that party. For example, a defective machine may support a product liability claim against a manufacturer or distributor, separate from any OSHA enforcement action against an employer.
Workers also do not need to go through the personal injury claims process to get compensation. They can make a workers’ compensation claim after most workplace injuries, regardless of whether their employer was negligent or at fault. A workers’ compensation lawyer can help injured employees navigate the process of recovering benefits by making a construction site injury claim. New York also has many specific laws that protect workers, including:
- New York Labor Law Section 240: This law protects workers from scaffolding accidents and other gravity-related hazards, including falls from heights and injuries caused by falling objects. It requires owners and contractors to provide proper safety equipment. They may be held strictly liable if they fail to do so.
- New York Labor Law Section 241(6): This law requires owners and contractors to provide reasonable and adequate protection for workers at construction, excavation and demolition sites. A worker may bring a claim under this section if a specific New York Industrial Code safety rule was violated and that violation contributed to the injury.
Workers should explore all these options with the help of an experienced attorney.
Evidence That Often Matters More Than an OSHA Citation
A construction accident injury report could be prepared by a site supervisor or an employer after an incident at work. These reports can be used as important evidence in work injury claims because they create an official record of the injury and may help establish how the accident happened and who may be responsible.
These reports can matter more than an OSHA citation, as can certain other evidence proving liability, including expert testimony from engineers, safety experts, and medical professionals.
Common Construction Accidents Where OSHA Findings May Not Be Enough
There are many common causes of construction accidents where OSHA findings may not be enough, and employees may need to take legal action. Examples include:
- Scaffold and ladder falls
- Falling object accidents
- Crane and heavy equipment accidents
- Electrocution injuries
- Trench collapse accidents
How Chopra & Nocerino Fights for Injured Construction Workers
Now you know why OSHA violations aren’t enough, and you can begin exploring your options if you were hurt at work.
Chopra & Nocerino can help. You can learn about us and review our history of verdicts and settlements to see that our team includes trial-ready advocates who aggressively pursue full compensation beyond OSHA investigations.
Our legal team isn’t afraid to take on serious construction accidents, and we are prepared to go to court to present a compelling claim. We provide personalized representation throughout your case and help with both workers’ compensation claims and third-party liability claims.
Injured on a Construction Site? Don’t Assume OSHA Will Handle Everything
If you need a New York construction accident attorney you can trust, Chopra & Nocerino will help you if you have been hurt in a construction accident. We are real New Yorkers, and we fight for you at every step of your case to help in your pursuit of justice. Contact us online today or give us a call at (855) NYC-HURT to learn how we can represent you.
