Can an employee file a lawsuit at a Connecticut construction site for OSHA violations? That's the topic we will discuss in the following article. Even after an OSHA violation, the court typically does not permit employees to sue their employers. Instead, the court expects an injured employee to submit a workers' compensation claim in the event of a workplace accident.
However, that doesn't mean you don't have any options to sue. If a third party was at fault for your injury on the job site, you may have the option to file a lawsuit. As a result, in some situations, you may be able to sue for injuries brought on by an OSHA violation.
If you find yourself in a situation like this, it's important to talk to a CT construction accident lawyer to discuss your legal options. At Brandon J. Broderick, Attorney at Law we make it a priority to give our clients the legal help they need to succeed in their case.
Workers' Compensation or Third Party Negligence?
If you were hurt on a construction job, you may be eligible for workers' compensation benefits. In Connecticut, most companies are required to have workers' compensation insurance, which pays for both lost wages and medical expenses.
Unfortunately, if your injury was severe, workers' compensation may not be enough to cover your losses and support you throughout and after your recovery. However, if a third party's negligence resulted in your injuries, you could have a personal injury claim on your hands to recover full compensation.
Third-Party Construction Accident Lawsuits
You might be able to file a personal injury claim against a third party if someone other than your employer or a coworker at the same business was responsible for your injuries.
Examples of typical third parties in the construction sector whose negligence may result in worker injuries include:
- Drivers who strike a worker while they are on the road for business-related purposes
- The manufacturers of faulty machinery or equipment
- General contractors or subcontractors who do not follow site safety rules
- Property owners who fail to maintain or supply satisfactory scaffolding
- Property owners who fail to provide secure settings
Is a Lawsuit Against a Third Party Going to Affect My Workers' Compensation Claim?
Our personal injury lawyers can pursue a third-party lawsuit while you submit a workers' compensation claim. A third-party lawsuit won't affect a workers' compensation claim that you've previously filed for or received.
Your employer or its workers' compensation insurer may be entitled to restitution from any third-party recovery you receive for the workers' compensation payments you have received. This is because an injured party is normally not permitted by law to achieve a "double" recovery for injuries.
A third-party claim is intended to act as a supplement to workers' compensation benefits and help you further reduce the losses you have suffered.
Damages in a Third Party Lawsuit
Employees usually cannot file a lawsuit over a construction site injury for OSHA violations. However, you may file a personal injury claim if another party's negligent behavior resulted in your injuries.
If you submit a claim, you could be entitled to compensation for your medical costs, lost wages, diminished earning capacity, and emotional distress.
The extent of your injuries may have an impact on the amount of compensation you receive. After a construction site accident, a lawyer can examine your losses and calculate the potential damages on your behalf.
OSHA Violations on Construction Sites
For job sites around the nation, including Connecticut, the Occupational Safety and Health Administration (OSHA) establishes and enforces safety rules. The organization offers safety codes that address things like:
- Employee risk communication
- Appropriate fall protection
- Respiratory protection
- Lockout/tagout procedures
- Use of personal protective equipment
- Machine guarding laws
- Safe setup of ladders and scaffolding
These are just examples of safety codes required by OSHA regulations. Businesses that disregard these regulations put their employees at a higher risk of being injured in an accident. However, failing to follow these rules do not always result in injuries.
Filing an OSHA Claim
You can submit an online complaint if you find an OSHA violation at work. Or, you can do so over the phone, via fax or in person at an OSHA office
By doing this, you can protect both yourself and your employees.
Time Limit To Report an OSHA Violation on a Construction Site
OSHA advises that you report any violation as soon as you can. Your employer might remove a violation at a construction site if you wait to report it, which would prohibit OSHA from properly imposing penalties against the company.
Additionally, you should always report any accidents or injuries you have at a construction job. Before leaving your place of employment, if at all possible, you should report the accident. You can establish your claim more easily if you move promptly.
Experienced an OSHA Violation at a Construction Site? We Can Help
Injured on a Connecticut construction site, due to an OSHA violation? You need to know your options. Speaking with the Connecticut construction accident lawyers at Brandon J. Broderick will give you some insight in what steps to take in your case.
To get started, give us a call today to schedule a free case evaluation or fill out our online contact form.