Q: What should I do to assert my rights to a safe workplace?
A: If you believe that your workplace is not safe, you should inform or talk to your supervisor about the potential danger, and then a written follow-up. If you are not successful in getting the safety hazard corrected, you can file a complaint with the nearest Occupational Safety and Health Administration or OSHA office or you can refer to official website of OSHA.
Q: If I am injured while working on a construction site, will I be able to get more than the workers’ compensation?
A: Your monetary recovery against your employer may be influenced by the workers’ compensation laws; however, the other parties may be lawfully accountable for your injuries which include the third party contractors, equipment manufacturers, or property owners. Your recovery from those parties involved will not affect the workers’ compensation laws.
Q: Who is responsible if an individual is injured by debris from a construction site while walking on a public sidewalk next to that site?
A: In some conditions, the injured person may recover damages from the construction company that has the responsibility to make reasonable ways to maintain the public sidewalks near the construction site free from bricks and other debris. If the construction company is unable to get rid of the obstructions and then somebody trips and falls, the company may be responsible. The construction companies should also inform the pedestrians that they would be injured if they stray from the sidewalk by putting up signs. If the company fails to put barriers and warning lamps by creating pit, for instance, they will be accountable if anybody falls into it and gets injured.
Q: I was injured while working on a huge construction project. Can I file charges against the person who owns the property?
A: Depending on the degree of authority over the work that the property owner practices, and the level to which he/she controls over the property itself when the injury took place, the property owner may be legally responsible for some or all of your injuries.
Q: Are all the on-the-job injuries covered by the workers’ compensation?
A: The workers’ compensation system is developed to provide benefits to injured workers regardless of the injury caused by the worker’s negligence. However, there are some restrictions where generally, the injuries are caused because a worker is drunk or using illegal drugs are not covered y the workers’ compensation.
Q: What will happen during the OSHA inspection?
A: The inspector of the OSHA meets with the employer and defines the nature of the inspection and review the employer documents about the workplace injuries and hazards. Then, the inspector “walks around” the workplace and physically inspects the workplace. The employer and a representative of the workers are permitted to accompany the inspector on his/her walk-around. Then, the inspector will talk with the workers and ask them questions. After the inspection, the inspector will formally tell the employer of any possible violations that were revealed during the inspection.
Q: I was injured while working and an investigation results showed that my employer violated the OSHA regulations. How will this help support my case?
A: It will depend on the violation that caused your injury, and the place where your case is heard. There are certain courts held that the violation of the OSHA regulation is plain negligence.
Q: Who is liable for ensuring that the construction site where I am working is safe?
A: The owner of the property and the general contractor, and sub-contractors if there are any, are liable for making sure the safety of the workers at the construction site. The degree of every party’s liability will differ depending on your case.
Q: Do I need to consult a lawyer to discuss my construction injury claim?
A: Definitely yes. Your claim may involve complicated issues about liability, adherence to safety regulations, engineering, and indemnity. It is recommended to contact an experienced lawyer who knows about the construction accident liability to ensure that you will be able to receive appropriate legal remedy to which you are entitled.