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Chicago OSHA Violations Lawyer

Construction accidents occur every day, and it is the task of the Occupational Safety and Health Administration to research these accidents.

OSHA puts forth regulations that ensure the safety of construction workers and investigates claims. Currently, OSHA employs 2,200 inspectors who investigate the causes of dangerous construction accidents.


OHSA's and the State Health Administration Role in Preventing Occupational Safety Failures

There are a total of 90 local OSHA offices and 10 regional offices. OSHA maintains a budget that can be drawn upon by workers who have been injured in construction accidents. In 2019, the total budget of OSHA is $563,658,000. In 2015, OSHA found that over 4,000workers died as a result of dangerous construction sites.

The statistics reveal that this accounts for almost 13 deaths occurring every day. If you were injured in a construction site accident, then it may be likely that there was an OSHA violation at your construction site. OSHA can come out to investigate the scene of your workplace accident and may deem it necessary to issue a citation.

The construction injury attorneys at Rosenfeld Injury Lawyers LLC can assist you in the process of contacting OSHA to receive an investigation of your workplace.

With the help of our lawyers, OSHA may be able to issue a citation that can be used in your case. OSHA citations usually serve as powerful evidence that a construction site employer was negligent in maintaining a site.

Get in touch with construction injury lawyers to receive assistance in your workers compensation lawsuit today.

Common OSHA Willful Violation That Equates to Serious Injuries to Workers and Their Workplace Safety

There are common OSHA violations that happen every year. It can be easy for construction employers to fail to minimize the risk of injury due to forgetfulness, laziness or budget concerns.

OSHA found that the following “fatal four” causes of worker deaths could have been prevented:

  • Falls: Construction employers have a duty to provide safeguards in areas where workers are at a risk forfalling more than six feet.
  • Struck by an object: Workers on a construction site must wear certain protective gear to protect themselves fromfalling objects. Employers may have a duty to provide this protective equipment to workers.
  • Caught in equipment: Protective systems must be in place to protect workers from the possibility of getting caught in equipment.
  • Electrocution: Employees must be provided with protections if there are electrical circuits on a worksite.

Normally companies are supposed to issue gear and other items to prevent these like fall protection training, hazard communication, respiratory protection, personal protective equipment, and more.

In fact, OSHA regulations call for these and different types of OSHA violations (or just an OSHA violation) can accrue for breaking a OSHA regulation. Repeat serious violations of different types of OSHA violations can result in aggravated fines especially if there are employee safety complaints, serious injury, and more.

Gathering Evidence for Your Work Injury Claim: Issuing an OSHA Citation

When you have been injured on a construction site, it is important to ensure that a proper investigation of the site is conducted. Construction site lawyers will investigate a site to see whether the site has any violations. There can be many sanctions for employers that fail to abide by the strict regulations of OSHA.

If a construction site has violations, then an employer may be ordered to pay fines to OSHA. Employers may also have to end a project if there are many worksite violations.

Because of the strict sanctions that OSHA puts in place, workplace safety has been improved in a significant manner. Workplace fatalities have been dramatically reduced as a result of measures used by OSHA to protect construction workers.

Regulations to help employees and specific OSHA standard safety fines and health standards relate to the following:

  • Respiratory protection
  • Hazard communication tools
  • Fall protection training; fall protection gear; fall protection machine guarding; fall hazards
  • Hazardous energy containment
  • Powered industrial trucks
  • Face protection

Most of the top violations, including top ten violations, relate to these OSHA requirements including even a de minimis violation. OSHA issues safety violations for them routinely.

If a subsequent inspection reveals something other than serious violations, there should be no violation failure or safety violations. If there is a larger safety issue to employee's health or the general industry especially preventable injuries, then they can get the maximum penalty.

Also, OSHA will render a reduced violation citation to abate prior violation from the abatement date. This is rare though and you should expect maximum penalty and maximum fine across the general industry for safety violations.

You can find safety data sheets from your safety and health administration or federal agency on the most frequently cited standards.

Possible Compensation for OSHA Violations

If you have suffered harm from OSHA violations including a willful violation (willful violations) or even just serious violation, then you could be entitled to compensation. Note, OSHA fines from an occupational safety and health organization don't go to the victim always.

Most of the time, employees are eligible for financial compensation related to safety violations that cause them injury and expenses. Take a look at the most common reasons for recovery:

  • Health expenses
  • Lost wages
  • Disability
  • Disfigurement or scarring
  • Lost life normalcy
  • Pain and suffering

Our team helps victims of federal OSHA violations get the recovery they deserve. If a serious violation (OSHA violation) or serious violations of OSHA standards results in injury or even construction worker deaths, our team can help.

We know OSHA rules and what a serious or technical violation (even prior violation) of OSHA standards means. We have particular experience with fall protection, hazardous energy transport, powered industrial trucks crashes, machine guarding, wiring methods, and more.

There are different types of OSHA violations and OSHA rules and these impact your recovery (including de minimis violation or de minimis violations). Repeated violations or just a serious violation citation can even multiply damages for employees.

How a Lawyer Can Help Your Case

Employees injured on the job due to a safety and health violation may have legal recourse. Normally, this comes either through the workers' comp or legal processes.

In either case, employees may need someone to investigate the violation, see now it caused their injuries, bring a claim, and fight for them against the other party. This can take time, work, and experience as you may imagine.

For a violation other than serious fines, most companies won't care and wont contest the safety violations. If they are serious though, surely as the ones that cause employees harms, then they definitely will fight them. That's when you need an expert legal team.

What You Should Do After a Workplace Accident

If a construction worker or other kind of employee is hurt on the job, there are certain things they should in order to preserve their health, protect their rights, and help their families.

Normally, we suggest going to see a doctor right after any kind of workplace accident. This will make sure you get the medical attention you need and record your harms for a future case.

When your immediate health is secured, you should write down what happened. Make a list of everything you remember. This will help when you eventually seek justice.

We also suggest you secure legal representation near in time to the events. Competent lawyers can review the safety violation, fines, specific NAICS code, and failure to abate issues. They can build your case while you get better.

Finally, don't talk to the other side. Your counsel can handle communications. They should do so in order that you don't mess up your case or give anything away.

Timeline to Bring a Claim

Most states only give you a certain amount of time to bring an action for a workplace violation that results in injury. These case posting requirements, called statutes of limitations, normally differ depending upon the violation, including if there is a failure to abate the problem.

Talk with your lawyer about the specific time window you have to bring an claim or case. It may change with the nature of the accident and the industry profile.

Most claims can be wrapped up within a few months to a year. Get the process started now so that you can begin again on the road to recovery.

If You Are Injured at Work, Call Our Construction Injury Lawyers for Help

Construction employers have a duty to protect their employees and provide a safe working environment. When construction employers fail to uphold this duty, it is important for construction injury lawyers to hold them accountable.

Construction injury lawyers are available to investigate the negligence that lead to your construction site injury. You can call Rosenfeld Injury Lawyers LLC at any time to schedule a free consultation or use an online submission form to receive a free review of your case. 888-424-5757

You can qualify forworker’s compensation or other damages if your employer does not fall within the worker’s compensation system.

Contact our lawyers to understand the extent to which you may qualify for damages for your medical expenses, pain and suffering and loss of consortium. A construction injury lawyer can help you pursue a work injury lawsuit today.

For additional information about OSHA Violations & Work Safety:

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Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx
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