What Safety Gear Should Construction Workers Wear?

Construction sites routinely rank among the most dangerous job sites. According to OSHA statistics, 21.4 percent of all worker fatalities in the U.S. in 2015 occurred in the construction industry. In too many cases, the failure of workers to wear appropriate personal protection equipment (PPE) plays a significant role in construction accidents that cause severe injury or death. 

Depending on the workplace, the nature of the construction job and potential hazards, workers may be required to wear specific types of PPE such as:

  • Fall protection — According to OSHA, 38.8 percent of all construction-related deaths in 2015 resulted from falls, making it the leading cause of death by far. Employees must use fall-protection equipment when working at the height of six feet or greater. Examples include personal fall arresting systems, positioning device systems and safety net systems.
  • Hand/arm protection — Workers should wear protective gloves suited to their specific work environment. For example, leather, canvas or metal mesh gloves are appropriate for preventing punctures, cuts and burns on hands and arms.
  • Head protection — The familiar yellow “hard hats” are standard-issue PPE at most construction sites.
  • Ear protection — Earplugs, earmuffs or canal cups will guard against hearing loss at noisy construction sites.
  • Face and eye protection — Full face shields, dust goggles, safety glasses and similar items are often required to protect the eyes and face from chemical splashes, biological materials and burns caused by intense radiant light.  
  • Respiratory protection — Respirators can prevent the inhalation of hazardous chemicals and other materials that can cause serious health issues and fatalities.

The Failure to Wear Proper PPE Can Impact Workers’ Compensation Benefits

If you’re an employee of a construction firm and get injured on the job, you may be covered by your employer’s workers’ compensation insurance. Depending on state laws, you could receive payments for lost wages and medical bills, while your loved ones may be eligible for survivor’s benefits if a mishap results in your death. These benefits can provide the safety net you and your family need to prevent a financial catastrophe.

However, the failure to wear appropriate PPE can give your employer legal grounds for denying your claim for workers’ compensation benefits. Construction companies typically have written policies and guidelines in place regarding the proper use and wearing of PPE while on the job. Your employer will likely view your failure to comply as a violation of company policy and use it as a basis for denial. 

Employees offer various reasons for not complying with PPE guidelines such as discomfort while wearing, improper fit, lack of accessibility near the work site and unattractiveness. Unfortunately, the employer will probably view these reasons as excuses and use them to deny a workers’ compensation claim.

You Have the Right to Appeal a Denial of Workers’ Comp Benefits

Construction companies will seek any reason they can find to try to deny your claim. However, you may still be able to receive benefits through the appeal process. If you’re in Kansas or Missouri, Phalen Law Firm can give you a free consultation and assist you with the complex workers’ comp appeal procedure, increasing your odds of a successful outcome.

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September 17, 2019