Safety Code Violations and Construction Accidents in Boston

From heavy equipment and power tools to building supplies, electricity, gas lines, and hazardous materials, there are numerous reasons why construction sites are dangerous. That’s why adhering to safety codes is imperative. Construction companies have a responsibility to ensure their worksites are safe for workers and bystanders. However, not all business owners or site managers take this responsibility as seriously as they should, resulting in tragic accidents.

Why do construction accidents occur?

Construction accidents can happen on any jobsite, at any time. But that risk increases when construction companies fail to follow proper safety protocols, such as:

• Providing adequate safety training to all employees
• Properly maintaining all equipment and checking regularly to ensure it is operating correctly
• Providing protective gear to all employees
• Keeping work areas as clean and clear as possible
• Ensuring all employees have the proper equipment
• Having an emergency plan in place

When construction companies fail to follow safety requirements, it is often because the company chooses to cut corners in order to save time or money. It can also be the result of supervisors who do not receive the proper training in construction site safety, and as a result do not ensure that the worksite is safe. Whatever the reason, a failure to follow all safety guidelines and requirements puts workers and bystanders at risk of serious injury or even death. When a tragedy like this occurs, someone must be held accountable.

What happens if there is a safety violation?

When a safety violation occurs on a construction site, it must be reported and investigated. However, employees who have not been trained on safety regulations may not realize a violation has occurred. Others may be concerned about retaliation if they speak up about safety violations.

The United States Occupational Safety and Health Administration, better known as OSHA, is the federal office tasked with investigating workplace accidents such as construction accidents – and with protecting employees from retaliation for reporting safety violations. Part of the U.S. Department of Labor, OSHA is dedicated to ensuring workers have “safe and healthful working conditions free from unlawful retaliation.” By law, employers are required to report to OSHA any incident in which a severe injury or death occurs. OSHA then investigates the incident to determine who is at fault and then levies any penalties or fines against the employer.

For instance, when a construction worker died in a workplace accident on a construction site in Brockton in June 2023, OSHA investigated the incident. Their investigation determined that the general contractor “failed to follow adequate safety precautions” which led to the employee’s death. According to OSHA, the employee’s death could have been prevented “if the employer had followed required safety regulations and trained workers on the safe operation of heavy equipment.” In its citation, OSHA noted that among other things, the employer could have protected employees by establishing a site-specific safety plan. The agency proposed more than $140,000 in penalties against the employer. But what does that mean for the deceased employee’s loved ones?

An OSHA ruling like this clearly demonstrates that the employer was negligent. However, the construction company facing fines does not automatically mean that the employee who died as a result of the company’s negligence will be compensated for that loss – or by how much.

Construction accidents can be complex and the details matter. For example, construction sites often include third parties – workers who are subcontracted to do specific jobs. This can complicate matters if they are involved in an incident where an injury occurs. Or, if you are a bystander who is injured due to a construction-related accident or on a construction site, the case becomes more complex. Only a personal injury lawyer experienced in handling Massachusetts construction accident cases can help ensure that the victims and loved ones of construction accidents receive the compensation they deserve.

Who can be held liable for an injury at a construction site?

Depending on the circumstances, there are a number of people who may be held liable for an injury caused by a construction accident. This includes:

• General contractors
• Subcontractors
• Homeowners
• Other third parties such as equipment manufacturers

Ultimately, the level of liability in a construction accident is determined based on the specific details of the accident – including what happened and how, when, and where it happened and if anyone else was involved – as well as how much control each party had over the construction project.

What to do if you or a loved one are injured in a construction accident in Boston

If you or someone you love suffered an injury in a construction accident – particularly a severe injury – it is crucial that you speak with an experienced Boston construction accident attorney like the lawyers at Breakstone, White & Gluck as soon as possible. Acting quickly helps to preserve physical evidence – which we can help with by filing an action in court to obtain a temporary restraining order or an injunction.

We have a proven record of securing fair awards for our clients in personal injury cases. We understand how devastating a construction accident can be, whether you were injured on the job or simply while walking by the construction site, and we fight to ensure you receive the compensation you deserve. We start by listening to you and digging into the circumstances of the accident. We want to know every detail of what happened, including:

• The equipment involved – We want to know everything about this equipment, including when it was purchased, how often it is used, when and where and how it is used, and how often it is inspected. We will also review the maintenance records to ensure the equipment is in good operating condition.
• The person in charge of the site – Who is this person? What is their title? How much experience do they have? Do they have the proper credentials to supervise this specific site? Have they received all appropriate training? Have the implemented all required safety protocols? Have they ever been involved in a construction site or workplace accident before?
• The construction site itself – Is it being maintained and operated in accordance with all safety requirements? Have there been any OSHA safety complaints or violations? Has anyone else been injured on this worksite?
• The construction company – Does this company have a history of safety violations on this or other construction sites? Does the company follow all safety requirements and provide adequate training to employees in a supervisory role?

There is much to consider in a construction accident, and how the case is handled depends greatly on the details. A serious accident can leave you with expensive medical bills and temporarily, or permanently, unable to work to support yourself and your family. There is simply too much at stake to trust an inexperienced attorney. The construction company and their lawyers will do their best to place the blame elsewhere and to pay as little as possible, despite being responsible for your injuries. At Breakstone, White & Gluck, we have the knowledge and experience necessary to uncover and prove the truth of what happened. Contact us today to schedule a free consultation with one of our Boston construction lawyers – give us a call or complete our contact form.