Property owners and developers are required to adhere to the safety regulations when building or improving property. These regulations are imposed by OSHA and under the NY Building Code.The commonly violated OSHA regulations reported by the U.S. Department of Labor, which could lead to a lawsuit brought by an injured worker include:
- Fall protection violations
- Respiratory protection violations
- Hazardous chemical violations
- Scaffolding violations
- Ladder violations
- Control of Hazardous Energy Violations
- Training Requirement for Fall Protection
- Eye and Face protection violations
- Machinery and machine guarding violations
New York Building Code Violations
The NY Building Code, under Part 23 or the Industrial Code lists out the safety regulations and procedures required on construction sites. Violations of the Code can make it possible to file a lawsuit against the responsible party(ies):
- Electrical hazard violations
- Safety railing violations
- Roof work violations (properly installed roofing brackets)
- Hand-propelled vehicle violations
- Concrete work violations
- Demolition project violations
- Hoist violations
- Powered equipment violations
- Scaffolding violations
How to Report a Safety Code Violation on a Construction Site
A construction worker is performing duties in one of the most dangerous industries, even when all safety regulations are followed. When a construction site is unsafe, the risks of serious or fatal injuries are extreme. Construction workers should report any violation of the safety regulations immediately. Reporting violations early can save lives. You have three ways to report:
- By phone: You can call 311 to reach the New York City Department of Buildings and report construction site safety violations.
- Online: You can report violations to the Department of Buildings online by accessing their website at 311 ONLINE.
- On Twitter: You can report safety violations on construction sites through Twitter via @nyc311. The report will trigger an inspection of the jobsite.
After a Complaint is Filed – What Happens?
Once you have filed a complaint, you will be provided with a number that refers to your concern, and with this number, you are able to follow up on the actions taken by the DOB. If you were injured on the job and the liable party violated state and federal safety regulations for the construction industry, you may be able to file a lawsuit to seek compensation beyond workers’ compensation benefits. If you are able, use your cellphone to take video of the dangerous conditions on the construction site, which could be valuable evidence for you or one of your coworkers that has been seriously injured or died because of a violation.
You Need a Lawyer – the Right Lawyer.
Filing a lawsuit is not a fast or simple legal procedure. To achieve a favorable outcome, an experienced workers’ compensation personal injury attorney should craft the lawsuit. At Wingate, Russotti, Shapiro, Moses & Halperin, LLP, we prepare all our cases for the crucible of the courtroom. Our approach requires meticulous case preparation, gathering all relevant facts, along with a breadth of knowledge of federal and state construction laws. We collaborate closely with medical professionals and other expert witnesses and spare no expense as we believe our clients deserve the best opportunity to present a compelling case to a jury.
Contact us today at (212) 986-7353 for a free case evaluation.