According to research carried out in 2010, 7.1% of the Canadian workforce works in the construction industry1. So it is no wonder that many injuries occur every year in this important space of the working world. Because of this, Canadian law lays the foundation for those injured on construction sites to also receive justice.
LIABILITY IN CONSTRUCTION DEMANDS
Construction sites are job sites. The person in charge of safety in a construction area is the same as the maintenance manager of an office, he has responsibilities to fulfill for the well-being of all the people in charge of him. If he does his job badly, others suffer, and if others suffer, the manager must answer for it. Basic justice.
According to the Canada Labor Code, Article 124, under the title Duties of Employers:
“Every employer shall ensure that the health and safety at work of every person employed by the employer is protected.”
The law also talks about:
• ensure the integrity of buildings and structures,
• place appropriate signage in case a hazard cannot be directly eradicated, and
• immediately notify the authorities in the event of any accident. (Canada Labor Code 125 1: (a), (b), (c) respectively)
If any of those 3 points is not met before or after an accident occurs, the employer has overlooked their liability and must pay the victims compensation for their injuries.
DANGERS FOR A CONSTRUCTION WORKER
The #1 hazard for people who work in the construction industry is falls. Lack of protective equipment, poor lighting, slippery surfaces, and other poor working conditions can turn a seemingly simple fall into a fatal event.
Falls are the most common injury because it encompasses all areas of construction, but other hazards are a bit more specific. As injuries caused by debris, electrical hazards, fires, explosions, or defective machinery and/or transportation.
The law even establishes under O. Reg. 213/91: CONSTRUCTION PROJECTS, Article 46 that:
(1) “A project shall be adequately ventilated by natural or mechanical means,
(a) if a worker may be injured by inhaling a noxious gas, vapor, dust or fume or from a lack of oxygen; or
(b) if a gas, vapor, dust or fume may be capable of forming an explosive mixture with air.” O. Reg. 213/91, s. 46 (1).
Therefore, the hazards faced by a construction worker are evident, and construction site injuries are generally more serious and have a greater impact on the lives of the injured than any other injury. That is why millions of workers have wondered…
“WHAT SHOULD I DO IF I AM INJURED?”
First and foremost, seek medical attention, health is the most important thing after a serious injury. Then, the victim’s company must fill out a report according to the procedure established by the law here.
If the company does not have the initiative to come forward for what has happened, the accident victim should immediately contact a personal injury lawyer.
The CONSTRUCTION PROJECTS regulation, Section 12 says:
(2) “A constructor or employer who submits a report under subsection 51 (1) of the Act (notice of death or injury) […] shall also provide, within 14 days after the occurrence, a professional engineer’s written opinion stating the cause of the occurrence.”
The victim must get down to work because if the company considers that her injury is minor, the company could use it as an excuse for not paying compensation. They may say the victim never showed interest in her own injury.
The company could even admit that they did not fill out the report because the injured person never made them aware of the situation and that since she did not go to work or notify anyone, she is fired.
Then the unjustly injured person can be unemployed, with health problems, and without a single dollar to move forward with her situation.
Is the seriousness of the matter understood?
Construction Site Personal Injury Victims Need To Act NOW!
“WHO SHOULD I SUE?”
A personal injury lawyer can pursue a lawsuit against the construction site safety officer, maintenance manager, equipment or machinery supplier, or the owner of the building site themself; depending on the circumstances.
The point is, an ethical personal injury lawyer Lethbridge will never let any victim suffer more than they already have from an injury of which they are not guilty.