The Occupational Safety & Health Administration has issued citations to several construction companies, including the interstate homebuilder Toll Brothers, Inc. after investigating a deadly fall on a Media, PA job site.
In 2019, construction workers at a job site in Media, PA were working on framing a building when one of the workers slipped and fell. His fall was a total of 20 feet and he sustained several serious injuries. He was rushed to a nearby hospital where he succumbed to those injuries.
As they do with all fatal work accidents, OSHA shut down the worksite and performed an investigation. The outcome of that investigation has resulted in numerous citations being issued to those in charge of the job site where the fatal accident took place.
The first set of citations was issued against Toll Brothers, Inc., with citation paperwork stating that the company had violated the Occupational Safety and Health Act of 1970. The specific citation was listed as a “Repeat” violation and stated that the company had allowed employees to work at heights of 6 feet or more without guardrail protection, a safety net system, or another fall preventative measure.
According to OSHA officials, the company had previously been cited for this violation on 01/22/2019 in Meridian, ID and on 09/18/2018 in Middleton, ID.
The proposed penalty fine for the repeat violation is $74,217.00.
The second set of citations issued relating to this fatal accident are filed against CLF Construction, Inc., the contractor who had employed the worker who died.
According to their findings, OSHA has stated that the construction company also violated the Occupational Safety and Health Act of 1970 and as a result, the administration issued three citations, one “Serious” and two“Willful”.
The serious citation alleges that the company did not have an accident prevention program in place to assist employees in identifying and avoiding hazardous conditions while working in residential construction zones.
The second and third citations claim that the company did not provide safety equipment that prevented workers from falling through holes while engaged in framing activities and that has a result, employees were exposed to dangerous conditions that could have (and ultimately did) result in a fall of 20 feet.
The total proposed fines for CLF Construction, Inc. are $170,560.
The harsh truth is that fines issued by OSHA won’t help accident victims or their loved ones. These fines, however, are intended to deter employers from failing to protect their employees from preventable workplace accidents.
Although fines may do nothing to help the accident victims, there are other ways that injured workers and their loved ones can fight for justice and for compensation after a work accident.
The majority of American workers are eligible to apply for workers’ compensation when they are hurt on the job and the law requires all employers to have this type of insurance coverage. Workers’ compensation should pay for all medical expenses relating to the work injury or illness and a fraction of lost wages if the injured worker is unable to return to work.
The problem is that insurance companies focus more on their bottom line than the health of injured workers and train adjusters to look for reasons to deny a claim. At Schuster Law, our attorneys have seen claims denied for a simple mistake made on the claim form.
Denials can be appealed but the appeals process is difficult and requires a lot of research and attention, time and energy that many injured workers’ do not have.
Our lawyers fight aggressively to ensure that injured workers get the compensation that they need. When an injured worker comes to us for a workers’ compensation review, we also determine if they could file an additional legal claim called a personal injury lawsuit.
A personal injury lawsuit cannot be filed against an employer, however, it can be filed against a third party whose actions contributed to the cause of the accident. This legal complaint can provide additional compensation for the plaintiff, including compensation for medical treatments, lost wages, physical pain, and emotional trauma.
Yes, these two claims can be filed at the same time. Our lawyers will handle all of the necessary paperwork and will work to obtain the evidence that is needed to support the claims.
When fighting for justice and compensation through a workers’ comp claim or personal injury lawsuit it’s important to keep anything that may relate to the accident or your injuries. This could include:
It may also be helpful to keep a journal detailing conversations and physical pain throughout the healing process.
If you are a construction worker who was hurt on the job, our legal team is ready to fight for you. Don’t wait - call our law office today.
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