Your employer is not allowed to discriminate or retaliate against you for filing a claim with OSHA. This includes decreasing your pay, transferring your job, denying you a raise, and other actions. If you feel you have been discriminated against, you have a limited amount of time to pursue protection. An experienced lawyer can explain your rights and options.
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Frequently Asked Questions about Construction Accidents
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.
Q: If I'm injured while working on a construction site, is it possible for me to recover more than just workers' compensation benefits?
A: Workers' compensation laws only affect your recovery from your employer, not other parties. If other parties, such as equipment manufacturers, property owners or third-party contractors, are responsible for your injuries, you may be able to recover from them in addition to collecting workers' compensation benefits.
Construction Accidents - An Overview
Construction workers face some of the most dangerous working conditions in the country on a daily basis. Although there are regulations, statutes, ordinances and industry standards that mandate employers must provide a reasonably safe working environment, construction workers still suffer serious injuries at an alarming rate. The sheer number of hazards on a construction site makes it virtually impossible to prevent all injuries from occurring. These hazards include falls from scaffolds and other elevations, being struck by moving or falling machinery, electrocution, health hazards resulting from exposure to asbestos and chemicals, injuries caused by defective or unsafe equipment, and lifting and repetitive motion injuries.
If you have suffered, or if one of your family members has suffered, injuries as the result of a construction accident, a lawyer experienced in construction accident and injury litigation from Ellis Law, P.C. in Wappingers Falls, NY, can help you understand your rights.
Construction Injuries at a Glance
Hazards posed by construction sites include exposure to noise, dust and other chemicals, working from high elevations and in confined spaces, working with power tools and other mechanical equipment, exposure to electricity, and performing excavations. More information on the specific types of injuries suffered by constructions workers is provided below.
Construction Accidents and Workers' Compensation
If you have been injured while working at a construction site, your financial recovery may be affected by workers' compensation laws, depending on your employment situation and the degree of liability on your employer's part. Keep in mind that parties other than your employer may be legally responsible for your injuries (such as third-party contractors, property owners or equipment manufacturers) and your recovery from those parties will most likely not be affected by workers' compensation laws.
Construction Workers' Rights Under OSHA
OSHA safety standards and regulations apply to construction projects, so it is helpful to have a general idea of your rights under OSHA as an employee at a construction job site. If you or your loved one has suffered injuries as the result of a construction accident, consult an attorney to learn more about your rights regarding compensation.
Who is Liable for Construction Site Injuries?
There are many different parties who may be liable when a construction worker suffers an on-the-job injury, including the property owner, the general contractor, sub-contractors, architects or other designers, engineers, construction managers and suppliers (equipment and materials). The number of potential liable parties depends on how large and sophisticated the project is. While many construction projects are based on general contract relationships (where a general contractor retained by the site owner enters into agreements with sub-contractors as needs require), larger projects are increasingly being handled by "construction management" organizations.
Construction Accident Resource Links
OSHA - Employee Workplace Rights
From the Occupational Safety and Health Administration. What to do if you question the safety of your workplace. Lists addresses and phone numbers for more information.
OSHA - Construction Scaffolding
Overview, press releases, links, OSHA standards and regulations, and a "Scaffolding eTool", which provides illustrated safety checklists for specific types of scaffolds and identifies hazards.
National Institute for Occupational Safety and Health
The National Institute for Occupational Safety and Health (NIOSH) is the federal agency responsible for conducting research and making recommendations for the prevention of work-related disease and injury.
Department of Labor
Resource for workers, including information on each state's workers' compensation laws, whistleblower protection and health and safety guidelines.
OSHA Construction Resource Manual
The manual contains important information on inspections, penalties for violations, reporting requirements for injuries, access to records, health and safety standards and more.
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