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Construction Accident Investigation |
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Who Investigates a Construction Accident?
Figuring out who or what was responsible for causing a construction accident can be drawn out and complicated. Often, accident and construction experts will be needed to piece together exactly what happened. Employers and workers know that the stakes are high in a construction accident investigation and there may be a tendency to hide evidence or point the finger at the injured worker. Those who investigate construction accidents are trained to deal with these issues and adjust accordingly.
There are two categories of entities that would carry out a construction accident investigation 1) Federal government officials 2) law firms. The main interest of Federal officials is to investigate potential misconduct by employers and others so that other workers may be protected from future accidents. Law firms are generally interested in collecting evidence on behalf of their client. In settlement negotiations or at trial, law firms will want to know the circumstances behind the event, especially if it involves the negligence of a third party. Below is some basic information on Federal government and law firm construction accident investigations.
Federal Government - The Occupational and Safety Health Administration (OSHA) is responsible for preventing construction accident injuries. OSHA is a federal government agency that is responsible for creating regulations governing worker safety and enforcing those regulations in the workplace. OSHA regularly monitors companies engaged in the construction business for any transgression of its rules and regulations.
In addition to its direct regulation and enforcement activities, OSHA investigates construction accidents indirectly through a branch of its organization known as the National Institute for Occupational Safety and Health (NIOSH). Inspectors from NIOSH work on a program called the Fatality Assessment and Control Evaluation or F.A.C.E. These inspectors collect and process information provided by the states on fatalities caused by electrocution, machine related injuries, falls, hazardous/toxic substance exposure, and confined space injuries. This information is then put into a database along with full text reports of a variety of accident investigation reports. The intention is that the information will be used by the federal government, the public, and other interested parties to avoid construction related hazards and promote the imposition of regulations that will help avoid construction injuries and fatalities. For more information on F.A.C.E, please refer to www.cdc.gov/niosh/face
Law Firms – Most law firms will initiate a construction accident investigation upon being hired by a client injured in a construction accident. Experienced construction accident lawyers know that many people injured or killed in a construction related accident were not at fault for what happened. Many times negligence, carelessness, or a manufacturing defect is the true culprit. As a result, law firms will conduct detailed construction accident investigations to determine if the negligence of an employer, manufacturer, or other potentially responsible party was to blame. An experienced lawyer will look for violations of federal, state, and local laws. The lawyer’s primary purpose is to maximize the recovery for his or her accident. For more information on attorney construction accident investigations, please call The Law Offices of Jonathan B. Nelson, PC. We will talk you through the entire process.
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