How OSHA Violations Impact Construction Accident Claims

OSHA violations impact construction accident claims by serving as proof of negligence, which has the potential to strengthen an injured worker’s case in terms of compensation. If you were hurt because safety rules were ignored, an Atlanta worker’s compensation lawyer can help.

Also known as the Occupational Safety and Health Administration, OSHA sets strict standards that are designed to keep workers safe. However, violations can still occur, and when they do, serious incidents often arise. Unfortunately, the aftermath can be life-changing. 

The good news is that you don’t have to go through this experience all alone. Your attorney can help you understand how OSHA violations can impact your claim. With legal counsel by your side, you can trust that someone is advocating for you at all times. 

Types of OSHA Violations 

Understanding OSHA violations involves learning more about OSHA and its purpose. OSHA stands for the Occupational Safety and Health Administration. It’s a federal agency under the U.S. Department of Labor designed to do the following: 

• Set and enforce workplace safety and health standards
• Protect employees from hazards on the job 

In turn, violations of OSHA are categorized into several different categories:

• Willful
• Serious
• Repeated
• Other-than-serious 

Willful violations occur when an employer deliberately ignores safety standards. Serious violations arise when a hazard has the potential to cause death or serious injury. Repeated violations involve recurring infractions after previous citations. 

Meanwhile, other-than-serious violations are minor but still in breach of OSHA regulations. In construction accident claims, willful and serious violations are particularly impactful. For instance, let’s say a worker falls from an unsecured scaffold.

In that case, an OSHA citation for missing fall protection equipment can demonstrate serious employer negligence. Repeated violations indicate a pattern of ignoring safety protocols, which can influence both regulatory penalties and civil liability.

Common Causes of Construction Accidents

Construction accidents in Georgia often result from a combination of factors:

• Driver and operator error: Missteps when operating machinery, cranes, or vehicles can lead to collisions or tip-overs.
• Falls: Improper scaffolding, ladder use, or lack of fall protection equipment are frequent causes of injuries.
• Electrocution: Improper wiring, exposed live circuits, and failure to follow OSHA electrical safety standards contribute to severe accidents.
• Equipment malfunction: Poorly maintained machinery or defective tools can exacerbate the risk of injury.
• Hazardous materials: Exposure to asbestos, silica, lead, or other chemicals can cause long-term health problems.

Each of these scenarios may involve OSHA violations, and evidence of non-compliance can strengthen a construction accident claim.

Falls and Scaffolding Hazards

Falls are the leading cause of construction fatalities in Georgia. OSHA requires fall protection for work performed at heights above six feet, including guardrails, safety nets, and personal fall arrest systems. 

Failure to comply with these requirements often leads to serious injury claims. Scaffolding accidents are particularly dangerous. 

OSHA mandates that platforms support at least four times the intended load, guardrails be installed at proper heights, and access points meet safety standards. Improperly constructed or maintained scaffolding significantly increases the risk of injuries. 

Electrocution and Electrical Safety

Electrocution remains a major hazard on Georgia construction sites. OSHA regulations require proper grounding, insulation, and training to prevent electrical accidents. 

Violations—such as uninspected electrical systems or unsafe use of power tools—can result in severe injuries, if not fatalities. Evidence of these violations is often critical in establishing liability and evaluating damages in construction accident claims.

Crane and Heavy Machinery Accidents

Crane accidents and incidents involving heavy machinery are closely monitored under OSHA standards. Operators must be certified, and machinery must undergo routine inspections. 

Common violations include using uninspected equipment, neglecting operator training, or overloading cranes. These infractions can directly contribute to catastrophic injuries, highlighting employer negligence.

Hazardous Materials Exposure

Construction workers may encounter toxic substances like asbestos, silica, or lead. OSHA requires proper protective equipment, ventilation, and employee training when handling these materials. 

Exposure due to non-compliance can lead to chronic illnesses, respiratory diseases, or long-term disabilities. OSHA citations for such violations provide crucial evidence in claims seeking compensation for occupational diseases.

Workers’ Compensation and Civil Claims

In Georgia, construction workers can file workers’ compensation claims for workplace injuries, which cover medical expenses and lost wages. However, these claims do not require proving employer fault. They also place limits on the amount of compensation you can recover. 

OSHA violations can support additional civil claims for negligence, which may include damages for pain and suffering, reduced earning capacity, and other losses not available under workers’ compensation.

Liability in Fatal Accidents

OSHA violations are especially relevant in fatal construction accidents. Georgia law allows surviving family members to pursue wrongful death claims in pursuit of damages for funeral expenses, loss of financial support, and emotional loss. 

Evidence of OSHA violations, such as failure to provide fall protection or proper training, strengthens the claim by showing employer negligence or recklessness.

The Role of OSHA Inspections

OSHA inspections often follow construction accident reports or complaints. Inspectors document unsafe practices, equipment deficiencies, and regulatory breaches. 

These findings can serve as critical evidence in civil claims. Serious or willful citations indicate higher levels of employer fault, which can influence settlements, jury awards, and the evaluation of damages.

Reach Out To Our Personal Injury Law Firm in Atlanta For Details About How OSHA Violations Impact Construction Accident Claims 

If you or someone close to you was injured in a construction accident as a result of OSHA violations, you don’t have to take on employers and insurers on your own. These cases can be overwhelming and intimidating, but you don’t need to fight for justice all by yourself.

Instead, contact John Foy & Associates. With 350 years of combined experience, our Atlanta personal injury attorneys have the knowledge and resources it takes to hold negligent employers accountable. We’re here to pursue the compensation you need to recover.

As The Strong Arm™, we’ve recovered over $1 billion for people just like you, and we’re here for you. Don’t wait a moment longer. The sooner you call our Atlanta personal injury law firm, the sooner we can get to work on your case and help you move forward with confidence.