Workers that perform repairs or work on roofs in any way have an inherently dangerous job. Any small mistake can lead to catastrophic injuries or even death. Even in the most perfect of conditions, accidents may occur. However, if a worker attempts to work on a roof in an unsafe working condition, their chances of suffering injuries increases. If you suffered harm due to unsafe working conditions, contact our legal team to learn how a Los Angeles unsafe working conditions lawyer at Pintas & Mullins Law Firm at (800) 529-9122 may be able to help you recover a financial award.
Federal Guidelines
The United States Department of Labor, Occupations Safety and Health Administration (OSHA) is the federal agency that provides guidance requiring certain standards for all workers throughout the United States. Specifically, OSHA has guidelines referencing safety for those working on roofing projects in its publication “Protecting Roofing Workers.”
Unfortunately, when employers, other workers, other contractors, or property owners fail to follow these safety guidelines, serious injuries or fatalities may occur.
Overview of OSHA Roofing Safety Guidelines
OSHA roofing safety guidelines cover several different aspects of safety for workers that handle work projects either on roofs themselves, or other types of projects in which a worker needs to be on a roof at some point. The safety guidelines cover exactly how to handle specific situations in order to ensure safety on roofing projects. Guidelines include requirements for the following:
- Fall protection
- Safety monitors
- Warning lines
- Scaffolding requirements
- Lifts
- The disposal of debris
- Electrical safety
- Safety in older buildings
- The handling of toxic or hazardous substances
- Personal protective equipment (PPE)
- Emergency procedures
- How to handle different types of weather conditions
- Ladder safety requirements.
Any failure to follow these guidelines can result in penalties by OSHA, but more importantly, it can lead to severe injuries or fatalities for workers.
For a free legal consultation with a Unsafe Working Conditions Lawyer serving Los Angeles, call (800) 529-9122
Determining Liability
If you suffered any kind of injuries resulting from a roofing accident, or a fall from a roof during the course of your employment, you likely have substantial medical bills, the inability to return to work due to your injuries resulting in lost wages, and pain and suffering. While you usually have the right to file a workers’ compensation claim if your employer was responsible for the unsafe working conditions, filing a workers’ compensation claim can actually limit the amount of compensation you are able to receive.
Additionally, there are circumstances where other entities or persons other than your employer are actually responsible for unsafe working conditions. The following are some examples of other entities that may have responsibility for the unsafe working conditions that led to your accident, and therefore, liability to compensate you for your injuries and losses.
- Contractors or subcontractors (other than your employer, but working on the same project in the same area)
- Property owners or property managers that own the roof and failed to provide safe working conditions, or failed to warn you of hazards or dangers on the roof
- Renter or tenants that created unsafe working conditions on the roof, or failed to warn you of any hazards or dangers regarding the roof
- Any individual person or entity that acts with negligence, recklessness, or carelessness resulting in an unsafe working condition that led to your accident
- Government agency that owned the roof, or government contractor working on the roof that contributed to the dangerous or unsafe working condition responsible for your accident
- Manufacturing defect or flaw in parts or components that led to an unsafe working condition, such as a defective ladder or defective harness
Determining the responsible parties can result in complex, legal analysis and work. If you need assistance determining which parties are actually responsible for your injuries, learn how a Los Angeles unsafe working conditions lawyer at Pintas & Mullins Law Firm can help you ensure that you properly identify all responsible parties liable for your accident and injuries.
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Types of Claims
If you suffered injuries as a result of unsafe working conditions, the type of claim you bring will depend on which parties have legal liability and responsibility for your injuries. The types of actions (other than workers’ compensation) that you may have a legal right to bring include the following:
- Personal Injury Claim – If any other general contractor, subcontractor, individual person or property owner created an unsafe working condition, or failed to warn you of dangers or hazards that led to your roofing accident, you may file a personal injury claim.
- Premises Liability Claim – If the property owner or tenant created an unsafe working condition, or failed to warn you of dangers or hazards that led to your roofing accident, you may have the right to file a premises liability claim under California’s Civil Code 1714.
- Product Liability Claim – If a manufacturer placed a defective or flawed product into the stream of commerce that resulted in your injuries, you have the right to file a claim against the manufacturer, and possibly the retailer that sold the product under California’s Civil Code 1714.45.
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How a Los Angeles Unsafe Working Conditions Lawyer Can Assist You with Your Case
If you suffered injuries related to an accident on the job as a result of unsafe working conditions, learn how a Los Angeles unsafe working conditions lawyer can help you properly identify all responsible parties liable for your accident. We will ensure your legal rights remain protected. Consider contacting our legal team at Pintas & Mullins Law Firm at (800) 529-9122 today for a free consultation.
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