Construction Accident and Workers Compensation Law - What is it
Visual representation of an American in a construction site accident. Image source: Shutterstock

Construction Accident Law deals with the cases of personal injury and wrongful death resulting from construction accidents, violations of safety regulation and standards governing the construction industry. The Occupational Safety and Health Administration (OSHA) is the regulatory body that governs construction site safety.

Construction accidents include minor injuries to catastrophic ones like amputations, blindness, deafness, burns, coma, brain injuries etc. These accidents may result from the negligence of others, defective machinery and equipment, inadequate safety measure or negligent co-workers. Some laws limit the construction workers to only receive workers’ compensation for their construction injuries. But in certain cases workers can also recover damages from partially or completely responsible third parties.

A worker can also file a personal injury claim against a manufacturer if the hurt was caused due to defective tools. Thus various individuals can be held liable for construction accidents, including the site owners, architects, contractors, engineers, manufacturers etc.

Construction Accident Laws in the U.S.

1Department of Labor – OSHA

The U.S. Occupational Safety and Health Administration is and agency of the U.S. Department of Labor. It was established on December 29, 1970 by the Congress of United States under the Occupational Safety and Health Act signed by President Richard M. Nixon. Its mission included preventing work related injuries, illnesses and occupational fatality by enforcing workplace safety and health standards, This department is headed by a Deputy Assistant Secretary of Labor.

2ABA – Forum on Construction Industry

This forum constitutes of legal professionals in the construction industry and serves as a venue for continuing education, information sharing, networking and leading discussions on new technologies in the industry.

3Safety and Health Regulations for Construction Standard No. 1926

OSHA index of regulations for the construction industry, defining standards for job site safety and protection.

4National Institute for Occupational Safety and Health (NIOSH)

NIOSH aims to generate new knowledge in the field of occupational safety and health and to transfer that knowledge into practice for the betterment of workers. NOSH conducts scientific research, develops guidance and authoritative recommendations, disseminates information, and responds to requests for workplace health hazard evaluations.

5Occupational Health and Safety Act of 1970 (OSHA)

The federal law which governs workplace safety and health in the United States. Enforced by the Occupational Safety and Health Administration (OSHA), this document defines standards and regulations for a safe and healthy working environment, particularly in construction sites.

6United States Department of Labor

This Department promotes the welfare of the job seekers, wage earners, and retirees of the United States by improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and health care benefits, helping employers find workers, strengthening free collective bargaining, and tracking changes in employment, prices, and other national economic measurements. The Department administers a variety of Federal labor laws including those that guarantee workers’ rights to safe working conditions; minimum hourly wage and overtime pay; freedom from employment discrimination; unemployment insurance; and other income support.

7Fatality Assessment and Control Evaluation (FACE) Program

The National Institute for Occupational Safety and Health (NIOSH) Fatality Assessment and Control Evaluation (FACE) program is a research program designed to identify and study fatal occupational injuries. Its goal is to prevent occupational fatalities across the nation by identifying and investigating work situations at high risk for injury and disseminating prevention strategies to those who can intervene in the workplace.

8OSHA – Construction Industry Compliance Assistance Quick Start

This guide is a compliance checklist for industry employers with respect to federal requirements and guidance materials for construction sites in the US. It’s a valuable resource for employers on such compliance requirements as surveying the workplace for potential hazards, developing a job site safety and health program, training construction workers in workplace safety, and keeping records of job site injuries and illnesses for reporting purposes, among others.

Originally posted 2017-07-15 01:19:57.


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