Workers can get hurt doing any job, but some professions are inherently more dangerous than others. Construction sites, in particular, are often the site of workplace injuries. As such, employees should be informed about their rights while working; this would come in handy should they sustain a workplace injury. Here are some things to remember about companies’ responsibilities regarding worksite conditions.
Legal obligations of construction companies
Construction sites should be safe for workers, and since they put people at more risk than the average office, there are special regulations for them. The OSHA or Occupational Safety and Health Administration is responsible for organizing inspections, safety campaigns, and enforcing safety standards on all workplace types.
In Florida Chapter 553 of the Florida Statutes states that construction companies should impose building standards onsite. Chapter 553 also provides construction safety requirements. Employers could be liable for the violation of state or federal safety standards on a construction site.
Companies are liable when they fail to orient and train employees on safety protocols, lack supervision for dangerous activities onsite and neglect their duty to inspect and maintain a construction site. Failure to use cordons, signs, hard hats, reflective vests, and other safety measures and equipment could make a company liable for a workplace injury.
How employees get compensation for injuries
Employees injured while performing their duties in the role are entitled to compensation. They or their legal representative can file a claim with the employer’s workers’ compensation carrier. The carrier could reject the filing, saying the injury had not occurred during the employment, but this does not mean the worker will not receive compensation.
The worker must overcome this assertion by the carrier and others that could diminish their claim. At times, the carrier might attempt to reduce the claim, argue that the treatment is excessive, or even claim it is unnecessary. An employee must demonstrate that they had suffered losses like medical bills, decreased earning potential, and other financial or emotional pain from the accident.
Compensating an injury victim who is not an employee
A company might also compensate a non-employee who is injured while lawfully on a construction site. They or their lawyer could pursue a personal injury action with the construction company’s insurance carrier. The victim must prove that the construction company is the one legally responsible for their injury.
It could be a little challenging to prove liability if the injury victim was trespassing on the construction site. In this case, the company might not have legal obligations toward them. If the company had not cordoned off the construction, however, there could be a legal obligation. Large construction companies often have teams of attorneys who handle claims like these, making it essential for injury victims to have adequate legal representation.
Other construction accidents
Other parties could be liable for a construction accident. For instance, if a car accident occurs near or on a construction site, the negligent driver could be the one liable for the injuries, even if the victim suffered even more from hazards onsite.
Landowners could also be liable for dangerous conditions not related to an ongoing construction onsite. For example, if faulty electrical wiring causes a fire while a company is retrofitting windows, the landowner could be responsible for the losses from the fire.
Construction employees should know as much about workplace regulations as their employers. Workers who get injured on job sites are within their legal rights to seek compensation. If you or your loved ones suffer from an injury like this, it is best to seek legal advice about your next steps from an experienced attorney.
Get quality legal representation for your workplace injury case at Harris Guidi Rosner, P.A.. With over 30 years of experience, our team of lawyers in Jacksonville, FL will do everything to fight for the best outcome for you. Schedule an appointment for a free consultation today to learn more.