Accident Lawyer Construction Accident 2 — Questions and Answers
Question 1: Under OSHA regulations, fall protection is generally required on construction sites when workers are exposed to falls of what height or greater?
- 6 feet (Correct answer)
- 4 feet
- 10 feet
- 15 feet
Correct answer: 6 feet
OSHA's construction standard (29 CFR 1926.501) requires fall protection at heights of 6 feet or more.
Question 2: A subcontractor's employee is injured by a general contractor's negligence. Why can the worker usually sue the general contractor despite receiving workers' compensation?
- The general contractor is a third party, not the worker's employer (Correct answer)
- Workers' compensation never bars lawsuits
- General contractors waive immunity by hiring subcontractors
- OSHA violations always create a private right to sue
Correct answer: The general contractor is a third party, not the worker's employer
Workers' compensation exclusivity only bars suits against the injured worker's own employer, so third parties like general contractors remain liable in tort.
Question 3: In New York, which statute imposes strict liability on owners and contractors for gravity-related injuries such as falls from scaffolds?
- Labor Law Section 240(1) (Correct answer)
- Labor Law Section 200
- General Obligations Law Section 5-322
- Labor Law Section 220
Correct answer: Labor Law Section 240(1)
New York Labor Law 240(1), the Scaffold Law, imposes absolute liability on owners and contractors for elevation-related hazards.
Question 4: A crane rented from an equipment company collapses due to a defective boom weld. Which claim can the injured worker most likely bring against the crane manufacturer?
- Strict products liability (Correct answer)
- Workers' compensation claim
- Breach of fiduciary duty
- Respondeat superior
Correct answer: Strict products liability
A manufacturing defect in equipment supports a strict products liability claim against the manufacturer as a third party.
Question 5: Which OSHA violation category has consistently been the most frequently cited in construction?
- Fall protection (Correct answer)
- Hazard communication
- Respiratory protection
- Electrical wiring methods
Correct answer: Fall protection
Fall protection (1926.501) has topped OSHA's most-cited violations list for over a decade.
Question 6: What evidentiary role does an OSHA citation against a contractor typically play in a related civil negligence suit?
- It can be evidence of negligence but is usually not conclusive proof (Correct answer)
- It automatically establishes liability per se in every state
- It is always inadmissible
- It bars the contractor from raising any defense
Correct answer: It can be evidence of negligence but is usually not conclusive proof
Most jurisdictions treat OSHA violations as evidence of negligence or negligence per se factors, not automatic conclusive liability.
Question 7: An injured worker settles a third-party lawsuit after receiving workers' compensation benefits. What right does the comp insurer typically have against the settlement?
- A subrogation lien for benefits it paid (Correct answer)
- No rights, since the claims are separate
- The right to void the settlement
- A claim to the entire settlement amount
Correct answer: A subrogation lien for benefits it paid
Workers' compensation carriers generally hold a subrogation lien allowing reimbursement of benefits paid from third-party recoveries.
Accident Lawyer Construction Accident 2
Under OSHA regulations, fall protection is generally required on construction sites when workers are exposed to falls of what height or greater?