Answers To Common Construction And Work Site Accident Questions
How do I take steps to assert my rights to a safe workplace?
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.
What is OSHA?
OSHA is part of the U.S. Department of Labor. OSHA stands for the Occupational Safety & Health Administration. It is the department of the United States government with the responsibility to ensure safety and healthful work environments.
If Im injured while working on a construction site, can I get more than just workers compensation?
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.
I was injured while working on a large construction project. Do I have a claim against the property owner?
Depending on the amount of authority over the work that the property owner exercised, and the amount of control the owner had over the property itself when the injury occurred, the property owner may be legally responsible for some or all of your injuries.
Who is responsible for making sure that the construction site where I work is safe?
The property owner and general contractor (and in some cases subcontractors) are responsible for ensuring the safety of workers at a construction site. The extent of each partys responsibility will vary depending on your case.
Should I consult an attorney to discuss my construction injury claim?
Definitely. Your claim may involve complex issues concerning party responsibility, compliance with safety regulations, engineering and indemnity. An attorney who is experienced in the area of construction and work site accidents will be best suited to secure the legal remedy to which you are entitled.
Will I be required to pay any money up front (e.g., retainer) to consult with you or for you to handle my case?
No, the consultation is free, and there is no fee due from you unless and until we are retained and we recover monies on your behalf. In addition, we will advance the costs and disbursements necessary to properly fund your legal action, which will be reimbursed to us from your recovery, if any.
What types of construction activities are protected under the so-called labor laws?
As long as the activity is not classified as routine maintenance (e.g., changing a light bulb rather than changing an entire light fixture, etc.), you may be able to commence a lawsuit if you are engaged in nonroutine erection, demolition, repairing, altering, painting, cleaning or pointing of a building.
If I was not a W-2 taxpayer but received a 1099, was paid off the books, or did not have the necessary documents from the INS to authorize me to work, can I still bring a lawsuit if I was seriously injured while working on a construction site?
Yes. Although you may be unable or limited in your right to recover money damages for loss of wages or fringe benefits, you may still be able to sue for the impact your accident had on your quality and enjoyment of life and for health-care expenses you have expended or will expend in the future.
Is it necessary for someone to witness my accident to bring a lawsuit and recover compensation for my serious injuries?
No. You may still bring a lawsuit and recover compensation for your serious injuries even when no one else witnessed your accident, if your account of the accident has been consistent, at the site, in the hospital and in testimony you have given in your lawsuit and no person has directly contradicted your account.
Is it necessary for me to be English speaking to proceed with a claim or start a lawsuit?
No, our office and the court, if the case proceeds to trial, will arrange for an interpreter so that you can relate how the accident occurred and the nature and severity of your injuries in your native language.
We Only Collect If You Do
Lozner & Mastropietro is dedicated to representing victims of construction and work site accidents. If you have been injured or a loved one killed in a construction or work site accident, please contact us at 718-615-0044 or use our online contact form to schedule a free consultation.
We accept all injury cases on a contingency fee basis. This means we only collect an attorney fee if we help you obtain a recovery.
Our team speaks English, Spanish, Russian and Italian.