Managing Partner
Safety should be the first priority on any job site, but unfortunately it often takes a back seat to profits and completing a project as quickly and inexpensively as possible. When shortcuts endanger worker safety and cause an accident, certain parties can be held liable.
If you were injured on the job due to violations of basic safety protocols, you may have a personal injury claim. It’s time to schedule an appointment with Dell & Dean, PLLC. Our Long Island firm can explain your rights and help you seek monetary damages.
Examples of Safety Shortcuts That Cause Injuries
Job sites are complicated and dynamic environments, and keeping workers safe requires adherence to OSHA and other regulations. These are some examples of shortcuts that have real-world consequences for workers:
- Skipping fall protection protocols: A worker may be told to quickly complete a job, like working on a roof with no harness or a scaffolding without safety railing. This can lead to a dangerous, often deadly fall accident.
- Removing safety features to speed up work: Intentionally removing a guardrail or another safety feature (for example, on machinery) can certainly expedite the work. But it can also lead to a serious and debilitating injury.
- Foregoing proper training: Every construction worker in Long Island must be properly trained to use the tools, machinery, or equipment for their work. Skipping this vital step is unacceptably dangerous because it virtually guarantees a serious accident will occur.
- Using defective machinery: If the jobsite supervisor or another responsible party knows the machinery is defective, they may require the workers to use it instead of taking the time and spending the money to repair or replace it.
- Using the wrong equipment: An example might include unsafely using a ladder to elevate a worker instead of an aerial work platform. Rather than save time, this shortcut might cause an avoidable accident.
- Failure to secure loads: This problem typically arises when materials are unsecured at a heightened position. Tools and other items can fall and cause a traumatic brain injury or, in some cases, death.
- Skipping lockout/tagout (LOTO) procedures: LOTO procedures exist to ensure machinery and equipment are completely turned off before someone performs service, repair, or maintenance work. If the equipment starts unexpectedly it can cause amputation, laceration, or worse.
How Shortcuts Prove Liability
Evidence of jobsite safety shortcuts can support a Long Island accident victim’s claim for monetary compensation. These are a few specific ways:
Proving a breach of the duty of care
Site supervisors, general contractors, and property owners owe a duty of care to workers. This means they have a legal duty to maintain a reasonably safe job site. In a traditional negligence case, the accident victim must prove breach of this duty to win compensation.
Skipping important safety protocols can prove that the responsible party failed to follow OSHA safety standards, industry safety practices, or job site safety plans. All of these can be strong indicators of negligence, so talk to a Long Island construction accident lawyer.
Establishing causation
Another required element of a traditional negligence case is causation. This means proving a causal link between the breach and the worker’s injury. A shortcut is highly likely to cause a serious injury and can fulfill this requirement.
Proving the foreseeability of harm
The various safety steps that every worker must follow, and every site supervisor or other responsible party must enforce, exist for a reason. They were established to prevent well-known and foreseeable harms that happen in their absence.
When workers remove guardrails, for example, they are engaging in conduct that is likely to cause an injury. The injury itself is a foreseeable result of skipping the safety protocol. This makes the personal injury claim much stronger for the victim.
Proving statutory liability
Long Island job sites are subject to the New York Labor Law. Particularly relevant to construction workers are Section 240 (concerning scaffolding) and Section 241 (concerning construction, demolition, and excavation work).
When supervisors and other responsible parties violate these laws, the accident victim may be able to more easily prove liability compared to a traditional negligence claim. In other words, breaking the law can make it easier for the victim to prove their case.
Did a Safety Shortcut Cause Your Injury? Let Us Review Your Case
If you were injured due to lax safety enforcement and related problems, let Dell & Dean evaluate your case and explain your legal right to compensation. You may be entitled to damages like medical bills and lost income. Contact us today to get started.
