Any accident on a construction site can be frustrating and jarring. But accidents that occur due to OSHA violations are especially disheartening. The general contractor or another party in charge was responsible for maintaining a safe environment, and they failed to do so, leading to injuries.
When OSHA violations contribute to construction accidents, accident victims may be able to use these violations as evidence in third-party injury claims. Consult a New York construction accident lawyer to learn more about your options and where to go from here.
Understanding Common OSHA Violations on Construction Sites
In 2025, OSHA conducted a total of 30,273 inspections across the U.S., including 16,311 unprogrammed inspections (initiated by employee complaints) and 13,962 programmed inspections (initiated by pre-existing programs). OSHA reports that the following were the top 10 most frequently cited standards following inspections in 2025:
- Fall protection
- Hazard communication
- Ladders
- Control of hazardous energy
- Respiratory protection
- Scaffolding
- Fall protection training
- Powered industrial trucks
- Eye and face protection
- Machine guarding
All of these standards are relevant to the construction industry, and violations can lead to serious injuries. Unfortunately, OSHA violations often cause injuries before they are ever reported to the organization or identified in an inspection.
How OSHA Violations Can Affect Construction Accident Claims
If you were injured on a construction site, you likely have the right to seek workers’ compensation. This is a no-fault system that can provide you with reimbursement for necessary medical expenses. If you are off work for an extended period, you might also qualify for up to two-thirds of your average weekly wages.
However, an OSHA safety violation may mean that someone was liable for your injuries. Instead of only accepting the no-fault workers’ compensation benefits, you may also have the opportunity to pursue a third-party lawsuit against the liable party.
While you typically cannot hold your employer liable for job-related injuries, any of the following parties may be partially responsible for an OSHA violation instead:
- A contractor
- A subcontractor
- A property owner
If you can prove that one or more of these parties failed to follow safety standards, leading to your accident, you may have grounds for a negligence claim against them.
Using OSHA Violations as Evidence in a Construction Accident Case
OSHA violations can provide clear evidence that your construction site was not meeting the necessary safety standards when your accident occurred. However, it can be challenging to prove that violations were present when OSHA had not officially inspected your worksite and to identify the safety issue.
You might instead use testimony from coworkers who also were aware of the unsafe condition when the accident happened. Other evidence might include:
- The accident report created after your injury, detailing what happened
- Photos or videos of the hazardous condition
- Medical documents detailing your injuries
- Records of past OSHA violations or inspection reports that may be relevant
If the safety issue has not yet been mitigated, it’s not too late to report it to OSHA. It may be beneficial to report the violation even if it is no longer present. This can at least provide documentation of the hazard if it causes further injuries down the line.
If you have photos or videos of the violation, and your coworkers can testify to it, these can support your complaint. Speak with a construction accident lawyer about your options.
Reporting a Safety Violation to OSHA in New York
If you are aware of an OSHA safety violation on your construction site, whether or not it has led to an accident, consider reporting it. Doing so can prevent further injuries and hold your construction manager or contractor responsible for failing to maintain a safe worksite.
If the issue puts workers in immediate danger, you can call 1-800-321-OSHA (6742) to report it. For standard violations, you can file a complaint online or through your local NY OSHA office. You can also request that your name be withheld from your employer on the complaint.
You have the right to report an OSHA violation without fear of retaliation. If your employer takes negative action against you for reporting a violation, this may be unlawful. This is one of your many workers’ rights as a New York construction worker.
Call a Construction Accident Lawyer in New York
OSHA violations may help you prove negligence in a construction accident and seek compensation from a liable third party. But you don’t necessarily need to prove an OSHA violation to support negligence claims. A New York construction accident lawyer can help you understand your options for pursuing compensation, whether through a workers’ compensation claim, a third-party liability lawsuit, or both.
Cassisi & Cassisi, P.C., represents injured workers through construction accident claims in New York. Request a free consultation with a construction accident lawyer today by calling 516-294-5050.
Frequently Asked Questions
What happens when a construction site violates OSHA guidelines in New York?
OSHA violations on construction sites can lead to federal fines and investigations. They can also serve as legal leverage to help injured workers prove negligence and seek additional funds beyond a workers’ compensation claim. If you have witnessed an OSHA violation on your construction site, don’t hesitate to report it to protect workers’ safety.
Can contractors face criminal charges for OSHA violations?
Under Carlos’ Law in New York, contractors can be held criminally liable and face steep fines when safety violations lead to serious injuries or deaths. Corporate fines in these scenarios can reach up to $500,000. Your New York construction accident lawyer can help you understand how Carlos’ Law may apply to your case.
What is the statute of limitations for third-party construction accident lawsuits in NY?
If you want to pursue a construction accident lawsuit against a third party in New York, you generally have three years from the accident date to do so. But the sooner you file a claim, the more evidence you may have access to. It may be worth scheduling a consultation with an attorney now to discuss your options.
