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The federal government enforces a number of rules that provide you with protections as a worker, although they do not always guarantee you compensation in a lawsuit if they are broken. If you have been injured on the job, the experienced California construction accident attorneys at the Law Offices of Preston Easley, APC can help determine if you have a potential lawsuit.
Rules issued by the Occupational Safety and Hazard Administration govern practically every aspect of the construction industry. Construction companies can face fines and other serious actions if they are found to have violated these rules. What is less certain is how the finding that an employer or other entity present on a job site has violated these OSHA rules impacts any construction accident lawsuit.
If you or a loved one has been injured on a job site, hire the California maritime lawyers at the Law Offices of Preston Easley, APC. Call our law firm at (310) 773-5207. We can work to hold all responsible parties liable for your injuries.
A Third Party May Be Liable When They Violate an OSHA Rule
Since it is difficult to sue your employer in a personal injury lawsuit, your most likely legal case is against a third party. This lawsuit could involve another contractor or subcontractor who was present at the job site and whose actions caused your injuries. Then, you must prove that the defendant was negligent, and their careless actions caused your injuries.
In any personal injury case, you must come forward with evidence that shows what the defendant did and how it departed from the duty of care that they owed you. Typically, you are tasked with a somewhat difficult job. Not only must you gather proof of the defendant’s actions, but you must also explain how they fell short of what a reasonable person would have done under the circumstances.
How Negligence Per Se Helps in a Construction Injury Case
When OSHA investigates after a construction injury, the agency may reach a conclusion that a company engaged in dangerous actions that were a violation of its rules. In that event, OSHA may be helping your personal injury lawsuit. There is a legal concept at work in personal injury cases called negligence per se. Certain actions are automatically considered to be negligent, and you do not need to prove anything more other than the fact that they occurred. The failure to follow laws and regulations is something that is negligence if you can show the following:
- The defendant failed to follow a specific legal duty
- You were a part of the class of people who the law was intended to protect
- The violation of the law caused your injury
As such, you may be able to hold a third party liable for violating an OSHA rule in the following circumstances:
- A general contractor failed to provide adequate supervision to subcontractors working on the site
- A contractor or site owner did not post signage warning workers of dangerous conditions
- Workers were provided with unsafe scaffolding or malfunctioning work equipment
- Dangerous chemicals or other materials were improperly stored on a job site
The consequences can be even worse for a defendant when they are found to have willfully violated OSHA rules. Then, they may even be assessed punitive damages by a jury if you take your case to trial and win. Here, the subsequent OSHA investigation could be a great assist in your personal injury lawsuit, but it does not always take the place of your construction accident attorney’s diligent work in collecting evidence about the accident.
It Is Still Rare to Be Able to Sue Your Employer
Even if your employer is found to have violated an OSHA rule, it may still not allow you to step out of the workers’ compensation system to file a personal injury lawsuit. The facts and circumstances of your individual situation are crucial. Under California law, employers can be held accountable for employee injuries under rare conditions. You may be able to file a personal injury lawsuit against your employer if they intentionally placed you in a situation where there was a known hazard. If you are able to prove that your employer knowingly violated OSHA rules in a situation where there was likely harm to you, it may be possible to file a civil lawsuit.
Contact a California Construction Accident Law Firm
No matter who you are suing for a construction accident injury, you are always in for a tough legal fight. At the Law Offices of Preston Easley, APC, we are always up for that fight. Schedule a free initial consultation to discuss your claim by filling out an online contact form or by calling us today at (310) 773-5207. We charge you nothing unless you win.
Preston Easley is a graduate of the United States Naval Academy in Annapolis, MD. He served five years of active duty as a Naval officer — three years as a deck officer on a fast frigate and two years as a patrol boat skipper. Mr. Easley also served aboard a tank landing ship in the reserves. Learn more here.
