Earlier this month, Beno Stucco Systems of Rochelle Park was cited by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) for six safety violations at a construction site in Westwood, NJ.
Of the six violations, five were repeats. The repeat violations included the following:
• exposing workers to fall and scaffolding hazards, and
• failing to provide helmets to workers to prevent injuries from falling objects.
OSHA stated that the company "repeatedly neglected to implement basic, common-sense and legally-required safeguards to ensure that scaffolds were erected properly and fall protection was provided for employees working at heights of 10 feet or more."
One of the leadings causes of injuries at construction sites is falling from heights.
Employers have a duty to ensure that worksites are safe for construction workers. In addition, employers must provide proper training to employees regarding fall protection.
Many workers have low-literacy rates or are not fluent in English. Therefore, employers need to make sure that these workers are properly trained.
We have helped many construction workers, who are not native English speakers, recover damages for the injuries they sustained because they were not properly trained on fall protection.
Though a worker generally cannot sue his employer for injuries sustained while at work, the employer can be sued if the employer commits an intentional act in New Jersey. In other words, if the employer knows that the consequences of the act are substantially certain to result in harm, the injured worker may bring suit against the employer.
In a case such as this, it certainly seems that there is an argument that the employer knew the consequences of not providing proper fall protection.
If you or a loved one was injured at a construction site and would like to discuss the accident, feel free to call the lawyers at White and Williams. 877.944.8396