A construction site hums with motion—jackhammers pounding, cranes lifting, boots crunching against steel. But beneath that rhythm lurks an undeniable truth: some accidents don’t just happen. They are the direct result of negligence, a failure to follow safety protocols that should have been in place. The Occupational Safety and Health Administration (OSHA) exists to protect workers. And when an OSHA safety violation construction accident occurs, it can change everything.
If an OSHA violation caused your injury, you may be able to file an OSHA violation injury lawsuit. At Greenspan & Greenspan Injury Lawyers P.C., we’ve spent over 30 years helping injured New York workers fight for justice against construction-related negligence. Don’t let an unsafe worksite dictate your future. We can help you recover damages for medical bills, lost wages, and pain and suffering. Contact us today for a free consultation, and let’s discuss how we can help you move forward.
What Are OSHA Violations and Why Do They Matter?
OSHA establishes safety regulations for construction sites, covering everything from fall protection to hazardous material handling. An OSHA violation occurs when an employer fails to comply with these safety standards. Violations fall into several categories:
- Serious violations—when an employer knew or should have known about a hazardous condition that would most likely result in death or serious physical harm;
- Willful violations—when an employer intentionally disregards OSHA safety requirements or acts with indifference to employee safety;
- Repeated violations—when a company has already been cited but continues to ignore safety laws; and
- Other than serious—OSHA classifies a violation that directly affects job safety and health but isn’t serious as “other-than-serious.”
When an OSHA violation leads to a construction accident, the injured worker can pursue compensation beyond workers’ comp in the form of an OSHA violation injury lawsuit. Understanding your rights in these cases can make all the difference in your recovery.
What Common OSHA Violations Can Lead to an OSHA Safety Violation Construction Accident?
Some violations are minor, while others result in catastrophic injuries or fatalities. The most common violations leading to an OSHA safety violation construction accident include:
- Fall protection violations—unsecured scaffolding, lack of safety harnesses, and unprotected edges leading to deadly falls;
- Lack of proper training—employers must train construction workers to handle heavy machinery, hazardous materials, and dangerous job site conditions;
- Failure to provide PPE—employers must supply hard hats, gloves, safety goggles, and respiratory protection;
- Ladder violations—improper ladder use, damaged ladders, and lack of fall protection lead to severe injuries;
- Lockout/tagout failures—failure to properly shut down and secure machinery can result in severe crushing or amputation injuries;
- Scaffolding hazards—improperly assembled or overloaded scaffolding leads to dangerous collapses; and
- Machine guarding violations—lack of proper guards on equipment increases the risk of lacerations, amputations, and other severe injuries.
If any of these or other violations played a role in your accident, you may have grounds for an OSHA violation injury lawsuit.
What Is an OSHA Construction Accident Report?
An OSHA construction accident report is a crucial document detailing workplace injuries and safety violations. When a serious accident occurs, OSHA investigates and compiles a report outlining:
- The nature of the accident—what happened, where, and how;
- Safety violations—identification of any OSHA regulations the employer failed to follow;
- Injury details—descriptions of worker injuries, their severity, and required medical treatment;
- Corrective actions—steps the employer must take to prevent future accidents; and
- Liability assessment—findings that determine whether negligence played a role.
This report serves as key evidence in construction accident lawsuits. If OSHA finds an employer violated safety regulations, their report can strengthen a third-party negligence claim, helping injured workers pursue compensation beyond workers’ compensation benefits.
What Is an OSHA Violation Injury Lawsuit?
An OSHA violation injury lawsuit is a legal claim filed by a construction worker injured by an employer’s failure to comply with OSHA safety regulations. Unlike a standard workers’ compensation claim, which typically prevents workers from suing their employer, an OSHA violation lawsuit allows injured workers to seek compensation from third parties whose negligence contributed to the accident.
Key factors in an OSHA violation injury lawsuit include:
- Establishing negligence. Proving that an employer, contractor, or other party failed to meet OSHA safety standards, leading to the accident and injury.
- Gathering evidence. Documents such as OSHA reports, safety inspections, and witness statements can be used to demonstrate violations.
- Pursuing full compensation. Unlike workers’ comp, which only covers medical expenses and lost wages, these lawsuits can include pain and suffering, emotional distress, and punitive damages in some cases.
- Holding third parties accountable. If a subcontractor, equipment manufacturer, or site manager contributed to the violation, workers can sue them for additional damages.
If you suffered an injury due to an OSHA violation, working with an experienced construction accident lawyer can help you understand your rights and maximize your financial recovery. Many injured workers assume their only option is workers’ compensation. In reality, some accidents warrant a third-party negligence lawsuit.
Why Do I Need a Lawyer Who Understands OSHA Regulations?
Handling a construction accident claim alone can feel like stepping onto a battlefield unarmed. The legal process is complex, and large companies, insurance providers, and contractors will do everything possible to avoid responsibility. Having an attorney who understands OSHA regulations is not just beneficial—it’s essential.
Employers and contractors have teams of lawyers working to minimize their liability. Without experienced legal counsel, they may pressure you into accepting a lowball settlement that doesn’t cover the full extent of your damages. A knowledgeable lawyer levels the playing field, ensuring you receive maximum compensation. Additionally, they take on the burden of investigating, negotiating, and advocating on your behalf—allowing you to focus on your recovery.
Contact Greenspan & Greenspan Injury Lawyers P.C. Today for a Free Case Review
If you or a loved one suffered injuries due to an OSHA safety violation construction accident, don’t wait to get legal help. At Greenspan & Greenspan, we fight for injured New York workers. Our no recovery, no fee guarantee means you risk nothing by reaching out. And we’re here for you 24/7. When you choose us, you gain a dedicated legal advocate who will work tirelessly for your deserved compensation. Call today for a free case review and take the first step toward justice.
