Despite the fact that construction is necessary to our country and a variety of workers find careers in this industry, construction is still dangerous and employers must work to take more steps toward worker’s safety. After a construction accident, you may be in a position where you wonder if you can hold your employer liable for your accident. But will you be able to sue your employer or will you receive workers’ compensation benefits? We have answers to all of your questions today.
How do I know if my injury was work-related or not? Before you try to make a claim for your construction injury, you should first ask yourself: Was my injury work-related? An injury is considered to be work-related when it happened during your general work duties, or something on behalf of your employer. This means that, if your injury happened while you were taking a lunch break and off the construction property, it may not be considered work-related. However, if it happened while you were working on the property, it will count.
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Does my employer have to provide a safe workplace? Yes, you as a construction employee have a right to safe workplace conditions. Every year, thousands of workers experience serious injuries because there were unsafe work conditions in the construction workplace. You as an employee have a right to protective equipment, equipment that works properly and has been maintained, and more.
As a construction employee, do I have a right to report unsafe conditions that caused my accident? Yes, you can always report unsafe working conditions. You should report to the site supervisor or employer, and even request that the Occupational Safety and Health Administration inspects the construction site.
Will I be able to sue or will I receive workers’ comp? If workers’ comp benefits have been provided to you, then you will not typically be permitted to sue your employer in court.
What happens if my employer wasn’t responsible? If your employer wasn’t responsible and it was the liability of a third party, you have other options. Your employer may have offered workers’ comp for your on the job injury, but you will be able to bring a claim against other parties who may have been liable.
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As you can see, there are many important things to remember if you have been injured in a construction accident. This is why it is imperative that you speak to us after you have been injured, so we can get started on your case. Call us today at Maggiano, DiGirolamo & Lizzi, where we have experience in construction accident cases.