Protecting the Rights of Philadelphia Construction Workers Facing Criminal Charges

Protecting the Rights of Philadelphia Construction Workers Facing Criminal Charges

Construction work can be dangerous business. With all the heavy machinery, tall structures, and hazardous materials on site, injuries and accidents are common on construction jobs. Unfortunately, sometimes these incidents lead to criminal charges against workers or their employers. This article looks at some of the rights Philadelphia construction workers have if they end up facing criminal penalties related to their work.

OSHA Protections

One of the most important laws protecting construction workers is the Occupational Safety and Health Act (OSHA). This federal law sets safety standards that employers must follow to protect their workers from hazards. It also gives workers the right to refuse dangerous work without retaliation. So if a Philly construction worker thinks something they’re being asked to do seems unsafe, they can refuse without losing their job.

OSHA also says employers have to train workers in a language they understand about job hazards and how to stay safe. Any construction company not following OSHA rules can face civil fines or even criminal charges in extreme cases. So OSHA gives workers some power to speak up about safety issues without getting in trouble themselves.

Whistleblower Protections

In some situations, a worker might notice their employer breaking laws or regulations that endanger safety. Like improperly storing hazardous chemicals or failing to maintain equipment. The worker could theoretically face charges themselves for staying silent. But there are “whistleblower protection” laws to shield employees who report these kinds of violations from retaliation.

For example, Philadelphia construction workers who tell OSHA about their employer ignoring safety rules can’t legally be punished for speaking up. The federal Sarbanes-Oxley law also says employers can’t retaliate against workers reporting corporate fraud. So while investigating safety issues could theoretically implicate a worker in crimes, whistleblower laws aim to let them speak freely without fear.

Right to Refuse Unsafe Work

This might be the most direct protection for Philadelphia construction workers facing on-the-job safety issues. As mentioned under OSHA, workers have an absolute right to refuse dangerous tasks their employer orders them to do. A worker can’t be legally fired or disciplined for refusing to do something they believe could kill or seriously injure them.

Now, some exceptions apply here. Workers can’t just sit there and do nothing all day long. If possible, they need to suggest less dangerous alternative work. And they can’t just arbitrarily refuse normal tasks that seem unsafe to them personally but wouldn’t actually endanger a reasonable person. But construction companies can open themselves to lawsuits if they try to force workers into situations that look truly hazardous.

Getting Legal Help

Dealing with criminal investigations and charges related to a workplace injury or death can be intimidating. These cases often involve complex laws and regulations most people don’t fully understand. An experienced Philadelphia construction accident lawyer can help protect workers’ rights in these situations.

A lawyer can evaluate the case and determine if charges are justified or if the worker has reasonable defenses. In criminal matters, the burden is on the prosecution to prove guilt beyond a reasonable doubt. An attorney knows what evidence is needed to meet this high standard and can challenge flaws in the prosecution’s case. They also understand whistleblower laws and other worker protections that could prevent charges from being filed at all.

And even for straightforward accidents, a lawyer can still counsel the worker on cooperating with investigators while avoiding self-incrimination. Any statement made to police or prosecutors could come back to haunt the worker later. So it’s critical to have an attorney reviewing questions asked and information provided to authorities.

The right lawyer can also bring civil claims against negligent parties responsible for the worker’s injuries or for retaliation. They can make sure the worker receives workers compensation and other benefits they qualify for. And if charges do go forward, a skilled criminal defense attorney can negotiate plea deals or build courtroom defenses giving the worker the best chance of avoiding conviction.

Facing criminal penalties is always daunting, especially when linked to a traumatic on the job injury. But Philadelphia construction injury lawyers can help protect workers’ rights and interests from start to finish. They can provide knowledgeable legal guidance, advocate for whistleblower protections, and challenge unreasonable charges. And if penalties can’t be avoided, they can still minimize consequences so workers don’t see their whole lives dismantled after an accident at work.

With the right legal help, Philadelphia construction workers don’t have to feel powerless against criminal accusations stemming from their dangerous but important work building our city.