Construction site accidents are on the rise in the United States. According to The Department of Labor, Bureau of Labor Statistics, total fatal work related injuries in all sectors was 5,214 in 2008, the most recent information available. The most common type of construction site accidents involve scaffolding violations. Employers must protect construction workers from falls and from falling objects while working on or near scaffolding at heights of 10 feet or more. Violations of scaffolding provisions include failure to provide fall protection, failure to provide proper access failure to ensure adequate platform construction, lack of personal fall arrest or guardrail systems and failure to properly support scaffolding.
The Occupational Health and Safety Act (OSHA) provides safety standards and guidelines for construction sites. The statute does not, however, provide a private cause of action for an injured party. Rather, someone injured on a construction site may have a claim for general negligence if the owner violates the standard of care. Violation of an OSHA provision is evidence of negligence.
If you or someone you know is injured at a construction site, it is important to protect the injured party’s rights and secure evidence of any violations. The attorneys at Lesser, Lesser, Landy and Smith will let you know if you have a case and will protect your rights.
