Santa Ana OSHA Violation Attorneys
Lawyers in Santa Ana Help Construction Workers Injured By OSHA Violations
Santa Ana has a diverse and dynamic economy, with new development projects, including construction sites on Harbor Blvd, Third Street and Broadway, and East 4th Street. As such, OSHA regulations are designed to protect workers and prevent work-related accidents. When these rules are violated, workers can be seriously injured. If you have suffered a work-related injury in Santa Ana, we can help.
HN Injury Lawyers is a personal injury law firm that has won over $100 million in settlements for our clients. With 30 years of litigation experience, partner Ed Hess has recovered over eight figures in verdicts and settlements for clients. Further, partner Phillip B. Nghiem belongs to the Million Dollar Advocates Forum and was also selected as a Rising Star by Super Lawyers Magazine.
Call (657) 333-5726 to schedule a FREE consultation with the Santa Ana construction accident attorneys at HN Injury Lawyers today.
What Is OSHA?
The Occupational Safety and Health Administration (OSHA) is a federal agency established in 1970 under the Occupational Safety and Health Act. Its primary mission is to ensure safe and healthy working conditions for workers by setting and enforcing standards and providing training, outreach, education, and assistance. OSHA's regulations cover a wide range of workplace hazards, including those commonly found on construction sites.
Businesses in the construction industry are legally required to remain in compliance with OSHA regulations. That means regularly conducting risk assessments, providing appropriate safety training to employees, and ensuring that all equipment is properly maintained and used. Employers must also develop and enforce safety protocols and respond promptly to any identified hazards. Compliance with OSHA standards is not a one-time effort—it's an ongoing commitment to workplace safety.
On construction sites, OSHA violations can occur in various forms. Violations often relate to inadequate training and improper equipment usage. Recognizing and addressing these common violations is essential for maintaining workplace safety and preventing construction accidents.
Types of OSHA violations include:
- Serious violations occur when there is a substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. Examples of serious violations include failure to provide adequate fall protection or neglecting to train employees properly on equipment use.
- Willful violations are committed with intentional disregard for OSHA's requirements or plain indifference to employee safety.
- Repeat violations happen when an employer has been previously cited for the same or a substantially similar condition.
Types of Construction Accidents Caused by OSHA Violations
Falls from height are among the most common and deadly construction accidents, often resulting from OSHA violations. These incidents occur when proper fall protection measures, such as guardrails, safety nets, or personal fall arrest systems, are not in place. Workers can fall from ladders, scaffolding, roofs, or through floor openings, leading to severe injuries or fatalities. Employers are required by OSHA to implement comprehensive fall prevention plans and ensure that all workers are adequately trained in safety procedures.
Electrocution is a major hazard on construction sites, and it frequently results from OSHA violations. Electrocutions may occur when workers come into contact with live electrical wires or improperly grounded equipment. These incidents are preventable through proper training, the use of personal protective equipment (PPE), and adherence to electrical safety protocols.
Struck-by accidents happen when workers are hit by falling objects, vehicles, or heavy machinery. These accidents frequently result from inadequate safety measures, such as failing to secure tools and materials or not using barricades and warning signs.
Caught-in/between accidents occur when workers are trapped between two objects or caught in machinery. Common scenarios include being pinned by heavy equipment, caught in collapsing structures, or trapped in trenches without proper shoring. These incidents can lead to devastating injuries and fatalities. OSHA regulations mandate specific safety measures to prevent caught-in/between accidents, including proper machine guarding, use of protective systems for excavation work, and regular maintenance of equipment.
Severe Injuries Caused by OSHA Violations
Jobsite injuries have devastating consequences for construction workers. Traumatic Brain Injuries (TBIs) occur when a sudden impact or jolt to the head disrupts normal brain function. This can result in severe brain damage that includes long-term cognitive, physical, and emotional impairments.
Spinal cord injuries result from falls, electrocutions, or being struck by heavy equipment. These injuries can lead to partial or complete paralysis, significantly impacting the victim's mobility and quality of life. Victims may require long-term medical care and rehabilitation, posing substantial emotional and financial burdens on injured construction workers and their families.
Amputation can result when a worker's limb is caught in machinery or crushed by a falling object. This has a tremendous impact on the victim's physical capabilities and psychological well-being. Amputations also affect the worker's ability to maintain employment.
Burn injuries are caused by exposure to electrical hazards, chemicals, open flames, and scalding liquids, causing painful and possibly life-threatening conditions. Burn injuries often require extensive medical treatment, and they can result in permanent scarring or disfigurement.
Crush injuries occur when a body part is compressed between heavy objects, leading to severe tissue damage, broken bones, and sometimes amputation. Bone fractures are commonly caused by falls, being struck by objects, or machinery accidents. These injuries may require extensive treatment that includes a long period of recovery. Fractures can also lead to chronic pain and disabilities.
Seeking Compensation in Santa Ana for an OSHA Violation Construction Site Injury
HN Injury Lawyers will conduct a thorough investigation to collect all relevant information regarding the accident. This may involve visiting the accident site, reviewing safety logs, and obtaining OSHA inspection reports.
Witness interviews and expert consultations are also essential to establish a clear understanding of how the accident occurred and who is liable. Photographs, videos, and physical evidence from the scene can provide compelling support for the case. Medical records and documentation of injuries are gathered to demonstrate the extent of the harm suffered.
Once sufficient evidence has been gathered, the next step is filing the lawsuit. This involves drafting and submitting a formal complaint to the court, outlining the details of the case, the injuries sustained, and the legal grounds for the claim. The defendants are then served with the lawsuit.
After the filing, the discovery phase begins. During discovery, both parties exchange pertinent information and evidence related to the case. This phase includes depositions—where witnesses and involved parties provide sworn testimony—and the exchange of documents such as medical records, safety logs, and expert reports.
After the discovery phase, the case usually moves into the negotiation and settlement phase. Here, both parties engage in discussions to resolve the dispute without going to trial. A successful settlement can provide the injured party with compensation for medical expenses, lost wages, and other damages without the time and expense of a trial.
If the other side refuses to make a reasonable settlement offer, HN Injury Lawyers is always prepared to take your case to trial. During the trial, both sides present their evidence and arguments before a judge or jury, who then decides the outcome.
Our Santa Ana Construction Accident Attorneys Can Help with Your OSHA Violation Case
There's no excuse for violating OSHA regulations. At HN Injury Lawyers, we seek justice and compensation for victims of workplace injuries. Our experienced litigators will stand by you throughout the legal process. We also take cases on a contingency basis, so you won't owe us anything unless we win you a settlement.
Call (657) 333-5726 today to schedule a free consultation with one of our Santa Ana OSHA violation construction injury attorneys.
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