About the Occupational Safety and Health Act (OSHA)
New Jersey Workplace Accident Attorneys Explain OSHA
In 1972 President Richard Nixon signed into law the Occupational Safety and Health Act. This is commonly referred to as “OSHA.” OSHA establishes rules that contractors have to follow to avoid needless injury to workers and anyone else that comes in or near construction projects. OSHA was passed to fix our country’s bloody industrial history. OSHA was enacted to provide prevention. However, a high incidence of occupational injury and illness persist.
When construction site leaders ignore OSHA, the imposition of liability through personal injury or tort law is essential to discourage irresponsible conduct, compensate the injured and create incentives to minimize risks of harm. Hopkins v. Fox & Lazo Realtors, 132 N.J. 426, 448 (1993); People Express Airlines, Inc. v. Consolidated Rail Corporation, 100 N.J. 246, 266 (1985); Weinberg v. Dinger, 106 N.J. 469, 494 (1987); see also Prosser and Keeton on Torts § 4 (5th Ed.1984) (noting that “prophylactic” factor of preventing future harm is a primary consideration in tort law). Application of personal injury law is particularly important when general contractors make a conscious decision to ignore basic work safety rules and risk the lives of workers and bystanders to speed up the job and get a leg up on scrupulous contractors that play by the rules. Personal injury accident case law provides the bite to work in conjunction with OSHA’s bark. It provides real economic incentive for firms to invest in safety for their workers, rather than turn a profit on the potential for injury.
The record in many work injury cases is clear the contractor defendants completely disregarded their obligations under state and federal law, and industry safety standards, as well as their own safety handbook, to manage safety and prevent needless worker injury. Aside from pressing to make sure the is done after the catastrophic injury, contractors often do nothing to prevent it from happening again to others. Contractors often admit they do business the same way. This often happens in cases where ladders are improperly used or roofers are directed to work on dangerous, steep roofs with no fall protection.
The personal injury lawyers at the Clark Law Firm, P.C. are experienced in handling liability claims related to workplace accidents, as well as workers compensation insurance claims. We have obtained successful recoveries which have benefited out clients and society as a whole by making work places safer. Our New Jersey personal injury attorneys can evaluate the circumstances surrounding your case and assist you with mapping out the best course of action to ensure your rights are protected and that you receive appropriate compensation. Contact our New Jersey workplace accident attorneys today for a free consultation!