Legal Implications For Construction Accidents
By Space Coast Daily // February 14, 2022
Construction accidents happen every day in the U.S., and there were over 5,000 construction-related deaths in 2019. Statistics show that the most common reasons for the accidents are OSHA violations and a failure to block unauthorized entry. The legal implications for construction accidents must be a top priority for construction companies, general contractors, foremen, and project managers.
Faulty Construction Equipment or Machinery
The project manager is responsible for procuring all construction equipment and machinery required for the project. All equipment and machinery must be inspected and tested before any worker uses them.
If a worker is injured because of faulty equipment or machinery, the service provider that offers the rentals may not face injury liabilities. The individual who was responsible for managing the machines or equipment becomes the defendant if a worker is injured. Construction workers need to hire a lawyer to evaluate the series of events that caused their accidents and injuries.
Defective Supplies or Products
When completing the project, the workers need supplies and materials according to the specifications of the build. The project manager or foreman must secure all supplies and materials from the supplier ahead of the project. Any defective supplies or materials that cause an injury present a liability for the supplier. However, OSHA regulations require the employer to evaluate all materials to test them for potential hazards.
Inadequate Safety Gear and Equipment for Workers
Construction workers need safety gear to protect themselves from falling debris, possible falls, and other causes of injuries on the worksite. When setting up the worksite, the project manager and foreman must order all safety gear and equipment for workers based on their role in the project. Workers are not allowed to complete work tasks without the proper equipment according to OSHA regulations, and if the employer fails to supply these items, the employer is liable for any injuries that happen.
A Failure to Protect the Public
Before the construction project begins, the construction company must issue notices in the local newspaper to warn residents of any risks such as explosives used in demolition projects. Signs must appear at the roadside to warn drivers about how close they are to the construction zone. All letters on the signs must be at least 10 inches in height and be visible from the roadways.
Preventing Accidents Due to Criminal Trespassing
An active construction site must have proper security to prevent outsiders from entering the space. A barricade around the worksite with proper signs could lower the risk of unauthorized entry and prevent residents from entering the space without permission.
Fences and locked gates are necessary for commercial construction projects to stop unauthorized parties from getting in, but the foreman and project managers must also set up security surveillance to determine if any parties are breaking into the worksite. Guards posted around the property are a must when the workers have left for the day and to reduce potential liabilities for the construction company.
Construction site accidents happen for a variety of reasons, and many of these conditions relate to OSHA violations and employer failures. For all construction projects, there is careful planning involved, and the worksite must meet all OSHA and public safety regulations.
Applicable laws are in place to protect workers and the public against potential accidents and serious injuries. By reviewing the legal implications of a construction project, victims of these accidents know where to start when filing a claim.