OSHA, or the Occupational Safety Health Administration, is an agency in the U.S. Government under the Department of Labor. Their main responsibility is to prevent work-related injuries, illnesses, and deaths, and to ensure that most private-sector employees are working in a safe and healthful workplace. Since its inception in 1971, OSHA has cut the work-fatality rate by more than half and has significantly reduced the overall injury and illness rates in high-risk industries such as construction, textiles, and excavation.
OSHA determines which standards and requirements apply to which workplace environments and enforces employer adherence to those standards. These are determined by workplace research, as well as input from technical experts, employers, unions, and other industry professionals. To help employers adhere to its requirements, OSHA offers training and tools to educate both employers and employees where OSHA is required to explain procedures, equipment, and training that employers and workers must use to reduce workplace hazards and ensure safety measures specific to their industry.
To comply with OSHA requirements, employers must inspect the workplace for potential hazards, minimize or eliminate any hazards, keep records of workplace injuries and illnesses, train their employees to recognize safety and health hazards, and educate employees on precautions to prevent accidents. Employees are also required to follow rules and OSHA standards such as wearing personal protective equipment (PPE), report hazardous conditions and report job-related injuries and illnesses. OSHA will protect employees by requiring their workplaces to have copies of OSHA regulations on-hand, conducting inspections when hazardous conditions or violations are suspected, and prohibiting retaliation by an employer for a whistleblower report by an employee.
Liability in Construction Accidents
Under the Occupational Safety and Health Act (OSH ACT), employers have an obligation to maintain a safe working environment and follow the regulations of OSHA. If the employer, subcontractor, equipment manufacturer, or another employee fails to follow the appropriate standards of care and their actions or inactions cause an accident, they could be liable for the injuries and damages their negligence caused.
The Illinois Workers’ Compensation Act provides benefits, including medical and rehabilitation expenses, partial wages, and disability benefits to an injured worker regardless of who was at-fault for the accident. Workers compensation does typically prohibit an employee from suing their employer for the accident, however, there may be other options including filing a claim against a negligent third-party, such as a subcontractor, vendor, defective equipment designer and/or manufacturer, or general contractor who is not the employee’s direct employer.
Construction accidents are often complex, involving multiple parties and defendants. This is why it is important to contact an experienced personal injury lawyers
to determine your rights under Illinois law.
If you or a loved one has suffered injuries due to negligence on the job site or a defective product, the lawyers at Mike Agruss Law can review your claim and determine if there were unsafe working conditions, potential OSHA violations, and other hazards that may have existed at the time of your accident. They will also determine who may be liable for your injuries and damages and what compensation you may be entitled to.
Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, and your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 1,000 outstanding client reviews
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