Who is responsible for my safety when I’m working on a construction site?
According to the Occupational Safety and Health Administration, «all contractors who enter into contracts which are for construction» are obligated to ensure you a safe work environment. This all-purpose phrasing means that between your employer, the property owner, and the general contractor of the site, someone will be held liable if you’ve been injured.
How can I help make my workplace a safe one?
It’s best to always be thorough, notifying your supervisors to any unsafe working situation. If conditions do not improve, you can always file a formal written complaint at your nearest Occupational Safety and Health Administration (OSHA) office. If there is documented proof that you tried bringing hazardous working conditions to light before an injury occurred, your case will greatly benefit from the paper trail.
Can I sue my employer directly?
Not usually. Construction site injury suits are generally directed towards a third party. Such as: 1) the general contractor 2) architects 3) engineers 4) the sub-contractor 5) the property owner 6) the suppliers of any defective materials or tools, if the materials or tools in question caused injuries.
As a pedestrian, am I entitled to compensation if I was injured by debris falling off a construction site?
Absolutely. Construction site supervisors have a duty to protect not only their workers but all passers-by. All job sites should be contained, and adequate warning signs should be provided. If you were not sufficiently alerted to the danger, it may be within your rights to sue.
How long should I wait before contacting a Construction Site Accident attorney?
The longer you wait, the harder it will be for our team of professionals to collect the required evidence and mount a strong case. New York State has various different deadlines that are specific to your type of injury. Rather than waiting and potentially missing out on benefits, you should contact Kaplan Lawyers PC. The consultations are free, so you have nothing to lose.
Am I obligated to give a statement to insurance adjusters?
Some insurance companies have what’s called a cooperation clause, which necessitates that you submit a statement. If you’re not obligated to make a statement, it may be wise not to, as anything you say could potentially be used against you in court.
Will an OSHA inspection take place?
In order to prove the validity of some claims, an extensive OSHA inspection may take place. Generally, three hospitalizations or deaths must be involved to launch such an investigation.
What does an OSHA inspection entail?
Usually, an unannounced surprise visit will take place, given by an OSHA inspector. The inspector (or inspectors) will gather evidence by taking pictures and videos, examining the work equipment and the site in general, and by speaking with other employees.
If I file a claim against my employer, can he file a counter-claim against me?
Not only can an employer not file a countersuit against you, it is unlawful for an employer to use your claim as reason to fire you, transfer you, or deprive you of future raises.
If my employer has been found guilty of violating an OSHA regulation, does that mean I am guaranteed benefits?
No, but most of the time a clear violation of OSHA regulations is enough to warrant compensation. In some rare cases, however more evidence is needed. This is why it’s advantageous to retain counsel immediately, if we can get in on the ground floor, we can begin gathering evidence as soon as possible.
Do I need to hire a construction accidents attorney?
You are in no way obligated to hire a lawyer. However, having a team of attorneys working with you, who specialize in construction site injuries, can be an invaluable resource. From filing the initial paperwork, to advocating your claim in court, and through any necessary appeals processes, seeking legal counsel can help expedite your claim and maximize your returns.
If I’m not happy with my current attorney, may I replace them midway through my legal proceedings?
Yes. You have the right to be represented by an attorney that you wholly trust. You also have the right to switch representation at any time you choose. If your current attorney is not treating you cordially, or seems too distracted to return your phone calls and answer your questions in a timely manner, it may be time to make a change.
I’ve gone back to work, but my injury prevents me from working the same amount of hours that I used to. Can I still receive benefits?
It is possible to receive benefits that will cover the differential between your current post-injury wages and your former pre-injury wages. This way, you can ease yourself back into work without suffering any major setbacks.
I tried to get back to work as soon as possible, and got re-injured in the process. What do I do?
Sometimes, returning to work prematurely can aggravate an injury and set your recovery back. We know that you want to get back to work as soon as possible, though sometimes it’s hard to truly know the appropriate time for return. Luckily, if you do reinjure yourself, Kaplan Lawyers PC can help you file for reinstatement of your benefits.
If I’m working on a construction site, is it possible to recover more than just workers’ compensation benefits?
Yes. In fact, many injuries on job sites are caused by third parties. These parties can be held legally liable if this is the case. Examples include general contractors, subcontractors, architects and engineers, and the manufacturers of equipment, if malfunctioning equipment was responsible for an injury. While workers’ compensation can provide for medical bills and lost wages, oftentimes these third party lawsuits pay out additional benefits that account for your pain and your suffering.
Are there certain types of injuries that won’t qualify me for compensation?
At Kaplan Lawyers PC, we know that the list of possible injuries suffered on a construction site is nearly endless. Feel free to browse our website for more information, but, if you’ve been involved in an on-site accident there is a very high likelihood that we will be able to win you benefits.
What does settlement of a construction site accident mean?
It means you’ve forfeited your rights to press any further charges against your employer in exchange for a sum that you find satisfactory. These settlements may occur before, during, or after your hearing and trial. We can help you determine whether or not you are being offered a fair deal, and if you aren’t we will fight hard to enforce your rights to the utmost extent of the law.