Law & Legal & Attorney Accidents & personal injury Law

OSHA - What is It?

When a construction worker wants to file a compensation claim for injuries suffered in a construction site accident, there is a usually complex and rigorous process to be undertaken before finally claiming the compensation.
This is because there are many companies involved and proving who is to blame for the construction site accident and the resulting injury is oftentimes quite difficult.
It is usually not clear who is responsible and depending upon the circumstances that responsibility may either fall upon the construction site owner, the supplier of materials, the construction site manager, or even the general contractor.
Apart from this, there are also various rules and statutes enacted to protect the workers' safety, which apparently can be circumvented by the most cunning lawyers hired by negligent parties.
To make things more complicated, there is this thing called worker's compensation insurance, which every employer must readily provide to every construction worker who suffers from personal injuries.
While it may seem favorable to the injured party at first, the downside would be this: the injured employee cannot sue the employer, whether you're a carpenter, electrician, mason, laborer, or iron worker.
The worker's compensation is guaranteed but with the amount only small and covering only the lost wages and other benefits of the employee, the worker may need to go after those responsible other than his employer.
One of the most common laws protecting the rights of employees is the Occupational Safety and Health Administration (OSHA) Laws.
It is intended to protect workers from risks and injuries borne from working accidents.
It mandates employers and construction site owners to create strict safety regulations for their employees and workers.
It offers information on the safety and general well-being of workers.
If the worker deems his employer has failed to provide a safe environment where he could work, the worker can readily contact an OSHA officer by writing a formal complaint.
If the OSHA compliance officer believes there is justification to the worker's written complaint, he will initiate an investigation in the worker's work environment and depending upon the circumstances, a thorough inspection of the entire work place or just a specified limited area of the construction site will be inspected.
Once the investigation is done, the OSHA inspector will hold a roundtable discussion with the complainant-worker and the employer being complained about.
If there is any negligence found on the part of the employer, he is asked to correct them as soon as possible and pay penalties and legal liabilities to the construction worker.

Leave a reply