The Oregon Health and Safety Administration recently find Woodburn, Oregon construction contractor almost $73,000.00 after its seventh violation of fall protection rules. The Company, Bravo Construction, is already into the State of Oregon for $166,000.00 and fines.
The current fine stems from a Northeast Portland construction site inspection where OSHA officials observed a construction worker working at twenty feet above grade without any fall protection. If this worker had been injured, OSHA may have pressed for additional violations and fines, but this would mean little to the injured worker.
One exception to the sole Workers' Compensation remedy is where an injured worker can show that the employer intended to harm the worker. There are Oregon Courts of Appeals cases finding that even really bad behavior, like the allegations here, does not add up to intentional harm.
Another possible claim is an Employer Liability Law claim, which allows for additional remedies when a construction worker is injured while working with other contractors.
If you or a family member have been injured in a construction or logging accident, we recommend that you know all your options, becuase Workers' Compensation benefits in Oregon are sometimes limited. Call us at 503 325 8600 with questions.