New York OSHA Violation Lawyers

During the previous years, laws have been made to put into practice the responsible implementation of safe working environments for all employees. The OSH Act of 1970 states that employers should provide a safe working place that is free from all hazards. Working places should also comply with the health and safety standards. Occupational Health and Safety Administration (OSHA) was created to enforce safety standards, training and assistance to workers and employees.

Employers who fail to comply with the OSHA regulations will be fined. Moreover, if a worker or employee is injured because of the employer's negligence, and if in case the employer is proven to have neglected the given working environment, the employer will be forced to compensate the worker well. The worker will have the right to demand a large amount of compensation for his loss.

According to the law, negligence is 'the failure to exercise the care that an ordinary prudent person would exercise: either doing that which a prudent person would not do, or failing to do that which a prudent person would do.' An example of this is when the equipments that are used by the workers are malfunctioning. An employer should never fail to do his duty of protecting his workers from any harm.

There are New York construction accident attorneys that can help you with your injury claims. If a worker in injured, killed or maimed within the course of an employment, the Act supports the worker to claim compensation. In any case, it will not matter whose fault it is—if the incident happened during work, the Act will always apply.

The law dictates that all medical bills should be paid by the employer. The law also requires the employer to pay all the medical needs even for a long period of time, to be given without any deductions. Furthermore, if the worker will no longer be able to continue working, the employer will be asked to pay all lost wage benefits. This will be calculated according to the victim's average earnings prior to the accident. In addition to this, the employer will also have to pay for 'non-economic damages' such as emotional distress, pain, suffering and loss of life's pleasure.

In case of death, the victim is also given death benefits and the employer will be asked to pay all burial expenses. The death benefit is usually calculated according to the employee's average wages to be given to beneficiaries such as the widow, widower and children.

In order to claim injury compensation regarding OSHA violations, you should seek the help of New York OSHA violations lawyers. Evidences have to be produced for the claimant to strengthen his case. Some of these include medical records of the construction accident injuries sustained, statements of witnesses, record of employment, photographic evidences of police reports and other pertinent documents. These documents are important for the victim's claim of a just compensation.

To further establish a personal injury claim because of negligence, it should also be proven that the employer owes the victim a duty of care. Breach of this duty gives the victim a higher chance of receiving a better compensation.

If you or someone you love has been injured in a construction site accident that you believe was also an OSHA violation, it is important that you contact an experienced OSHA violation attorney as soon as possible to discuss your case. The construction site accident attorneys at Wingate, Russotti & Shapiro have extensive experience dealing with OSHA violation accidents. We can help you, contact us today at 212-986-7353.