It’s no secret that working on a construction site can be dangerous and sometimes even deadly. In this segment, Tom Sinas, Grand Rapids personal injury attorney, explains different safety standards and regulations to keep workers safe, as well as Michigan’s construction site safety law. Tom also covers topics related to MIOSHA and OSHA.
What is “MIOSHA”?
With the return of warmer weather, construction sites become more common across Michigan. However, for workers on these sites, it is important to know the safety regulations in place to keep you safe. MIOSHA – Michigan Occupational Safety and Health Administration – is the state-level agency that regulates workplace injuries. The administration also researches different workplace injuries, or deaths, to determine penalties for employers. In short, MIOSHA’s responsibility is to investigate and sanction employers and help ensure workplace safety.
Worker’s Compensation Remedy
Though MIOSHA does investigate workplace injuries, the administration does not aim to compensate the injured worker. The injured worker must look elsewhere to receive any workplace injury compensation. And the most obvious is to turn to the worker’s compensation system. An “exclusive remedy” type system is the most common place for injured workers to start. This allows the worker to receive compensation without having to prove fault or negligence towards by employer. This compensation system is the most common because proving employer fault against can be extremely difficult. So even if the injury is the employer’s fault or due to negligence on their part, it may be difficult to prove fault, making the exclusive remedy compensation the easiest option.
General contractors fall into an interesting and narrow exemption for liability. If a general contractor is injured in what the law defines as a “common work area,” then, in certain circumstances, the contractor may have different liabilities with regard to workplace injuries.
For more information, call Sinas Dramis Law Firm at 616-301-3333 or contact us online.