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Construction Accidents - FAQ
Q: Are all on-the-job injuries covered by workers' compensation?
A: Most are. The workers' compensation system is designed to provide benefits to injured workers no matter whether an injury is caused by the employer's or employee's negligence. But there are some limits. Generally, injuries caused because an employee is intoxicated or using illegal drugs are not covered by workers' compensation.
Q :What happens during an OSHA inspection?
A: The OSHA inspector will meet with the employer and explain the nature of the inspection and review employer documents pertaining to workplace injuries and hazards. Then the inspector will "walk-around" the plant and physically inspect the workplace. The employer and a representative of the employees are allowed to accompany the inspector on the walk-around. The inspector will also talk with employees and ask them questions. At the end of the inspection, the inspector will informally tell the employer of any possible violations that may have been uncovered during the inspection.
Q: I was injured on the job, and an investigation showed that my employer violated OSHA regulations. What will this do to support my case?
A: The answer will depend on whether the violation caused your injury, and where your case is heard. Some courts have held that violation of an OSHA regulation is plain negligence where an injury resulted.
Q: Who is responsible for making sure that the construction site where I work is safe?
A: The property owner and general contractor (and in some cases sub-contractors) are responsible for ensuring the safety of workers at a construction site. The extent of each party's responsibility will vary depending on your case.
Q: Should I consult an attorney to discuss my construction injury claim?
A:
Definitely. Your claim may involve complex issues concerning party liability, compliance with safety regulations, engineering, and indemnity. An attorney who is experienced in the area of construction accident liability will make sure that you receive the legal remedy to which you are entitled.
FAQs
- How much compensation is paid for an injury or illness?
- What types of injuries are compensable under workers' compensation?
- Are all employees covered by workers' compensation?
- If a workplace injury causes death, is compensation provided to the worker's survivors?
- What must a worker do to obtain compensation for a work-related injury?
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