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Construction Accidents - FAQ
Q: How do I take steps to assert my rights to a safe workplace?
A:If you feel that your workplace is unsafe, your first action should be to
make your supervisor aware of the danger, then follow up in writing. If you
are still unsuccessful in getting the safety hazard corrected, you can file
a complaint at the nearest OSHA office. You can refer to OSHA's website at http://www.osha.gov.
Q: If I'm injured while working on a construction site, can I get more than just workers' compensation?
A: Your financial recovery against your
employer may be affected by workers' compensation laws, but remember that other
parties may be legally responsible for your injuries, including third-party
contractors, property owners, or equipment manufacturers. Your recovery from
those parties will not be affected by workers' compensation laws.
Q: Who is liable if a person is injured by debris from a construction
site while walking on a public sidewalk next to that site?
A: In
some circumstances, the injured person will be able to recover damages from
the construction company, which has a duty to take reasonable steps to keep
public sidewalks near its construction site free from bricks and other debris.
If the company fails to remove such obstructions and someone trips and falls,
the company may be liable. Construction companies should also tell pedestrians
they could get injured if they stray from the sidewalk. Posting a sign is usually
not enough. If a company fails to place barriers and warning lamps by a building
pit, for example, it may be responsible if anyone falls into it and gets injured.
Q: I was injured while working on a large construction project. Can I sue
the person who owns the property?
A: Depending on the amount of authority
over the work that the property owner exercised, and the amount of control he
or she had over the property itself when the injury occurred, the property owner
may be legally liable for some or all of your injuries.
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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