A Construction Accident Lawyer Can Build a Claim Around Safety Failures
Construction work is dangerous. Everyone knows that. However, what many people don’t realize is that a significant portion of the danger stems from safety shortcuts that should never have occurred in the first place. If you’re reading this after being injured on a construction site in California, you’re probably not just in pain. You’re frustrated, maybe angry, and possibly wondering why no one stopped the construction accident from happening.
When construction companies fail to follow OSHA safety rules, workers are at risk of injury. But there’s a silver lining in that mess. If your injury was connected to an OSHA violation, it can make your injury claim stronger and help you get the compensation you actually deserve. If you were hurt on a construction site, here's what you need to know.
What is OSHA, and why does it matter after a construction accident?
OSHA stands for the Occupational Safety and Health Administration. It’s a federal agency that exists to make sure employers keep their workers safe. For construction, OSHA outlines specific rules regarding fall protection, scaffolding, trenching, electrical safety, and personal protective equipment. These rules aren’t just guidelines; they’re legally binding.
When an employer ignores OSHA standards and someone is hurt, that violation can become a factor in a legal claim. In addition to a fine for the company, it becomes clear evidence that someone made a mistake. If that mistake caused your injury, you may have a case that’s much more valuable than a standard workers’ comp claim.
What does an OSHA violation look like?
There are several types of OSHA violations on construction sites. The most serious are called "willful violations," which means the employer knowingly broke the rules and did so anyway. Other violations might be considered "serious," meaning the hazard could cause serious injury or death, and the employer should have been aware of the potential risk.
Let’s say you were working on a roof with no harnesses or guardrails. That’s a violation. Or you were digging a trench deeper than 5 feet, and no protective system was in place. That’s another one. These aren’t rare either. Fall protection violations are the most commonly cited OSHA issue in the construction industry, year after year.
How does an OSHA violation affect my legal claim?
If you were hurt on a California construction site, such as falling or a scaffold collapsing, you may be eligible for compensation. Perhaps someone backed a forklift into your ladder. Whatever happened, your first thought was probably filing a workers' compensation claim. That’s typical, and you should.
However, workers’ comp doesn’t always cover everything. It pays for medical bills and lost wages, but it doesn’t pay for pain and suffering. Plus, you usually can’t sue your direct employer. That’s where OSHA violations come in.
If your injury was caused by someone other than your direct employer, and they violated an OSHA rule, that opens the door to a personal injury lawsuit. In this case, the third party might be a subcontractor, general contractor, property owner, or equipment provider. That kind of claim can get you compensation for things like:
- Long-term disability
- Emotional distress
- Future medical care
- Loss of quality of life
What if there were no official OSHA violations?
Even without an OSHA violation, you can still have a strong case. OSHA doesn’t inspect every construction accident, and they don’t always show up. Sometimes, employers clean up the mess before investigators get there. But that doesn’t mean nothing happened. A San Diego construction accident lawyer can still build your case using:
- Photos of the job site
- Witness statements
- Safety reports (or lack of them)
- Training records
In some cases, your attorney might even work with a construction safety expert to analyze what went wrong. Just because OSHA didn’t issue a citation doesn’t mean you weren’t wronged.
What should I do if I suspect an OSHA violation caused my injury?
If you’re dealing with the aftermath of a construction injury, here are some smart steps to take:
- Get medical help immediately. Your health comes first. Don’t wait or try to tough it out.
- Report the injury. Tell your supervisor, but don’t sign anything you don’t understand.
- Document the construction accident scene. If possible, take photos of the area, equipment, or anything that appears unsafe.
- Talk to witnesses. Ask coworkers what they saw and if they’ve noticed other safety issues.
- File a complaint with OSHA. You can complete this process online or by phone, and it can be done anonymously.
- Speak to a construction accident lawyer. Especially one who understands how to use OSHA violations to build your case.
Injured on a San Diego job site? Let a construction accident lawyer fight for the compensation you truly deserve.
After a construction accident, you may be facing hospital bills, lost wages, and more questions than answers. Robert A. McLaughlin, APC, is here to lift that burden. With decades of experience helping injured workers across San Diego and Southern California, we know how to hold third parties accountable and obtain the compensation your case truly deserves.
When you contact us, you’ll get more than a case review. You’ll get straight talk, honest advice, and a clear path forward. We’ll help you understand your rights, evaluate every possible source of compensation, and explain whether a third-party claim could apply to your situation.
There's no legal jargon or pressure to hire us. However, if we take on your case, you won’t pay a dime unless we secure the maximum compensation for you. We’ll handle every aspect of the legal process, allowing you to focus on your recovery.
Whether you were hurt in a fall, struck by equipment, or lost a loved one in a tragic worksite accident, now is the time to act. Contact us online or call us today to schedule a free consultation. Let us help you take the next step toward justice.
"I want to thank the office of Robert A Mclaughlin for all their support in successfully resolving my injury case. I totally recommend them." - J.C., ⭐⭐⭐⭐⭐