New York Workers Compensation Lawyers Explain the Legal Right of Construction Workers to Have a Safe Workplace
A construction worker has one of the most dangerous jobs in the United States. Workplace safety laws are intended to protect employees, including construction workers, but their rights are often violated. When construction workers are injured as a result, they have the right to seek legal recourse with the help of workers compensation lawyers in New York.
At Polsky, Shouldice & Rosen, P.C., our workers compensation lawyers have helped thousands of injured workers across the state of New York recover their damages. In fact, we have negotiated substantial settlements for our clients which enabled them to get the costly medical treatment they needed. Find out if we can help you too by scheduling a no-cost meeting with our construction accident lawyer.
The Occupational Safety and Health Administration (OSHA)
In 1970, the Occupational Safety and Health Act created OSHA within the Department of Labor. Its mission is to reduce workplace hazards as well as implement programs that focus on the health and safety of workers. OSHA regulations apply to construction sites as well. As our workers compensation lawyers can tell you, as a construction worker you have certain legal rights under the law. They include:
- Your employer must have copies of OSHA regulations, rules, requirements, and standards available for you to access while in the workplace.
- You have the right to access records of work-related illnesses and injuries.
- You can request your OSHA area director to inspect your workplace if you believe a hazardous condition exists or that OSHA safety violations are occurring. During the inspection, an authorized employee representative can accompany the OSHA inspector.
- You have the right to a copy of the test results resulting from workplace hazard inspections.
- You can request OSHA to withhold your name on any written complaints you sign and submit to them regarding safety violations made by your employer.
- You cannot be retaliated against or otherwise discriminated against by your employer for having filed a complaint about them to OSHA.
Your Employer’s Safety Obligations Under OSHA Regulations
If your employer’s violation of any of the following contributed to your accident and subsequent injury, contact our New York workers compensation lawyers immediately.
- They must provide a workplace that is free of any recognized hazards.
- They must ensure that their employees have use of safe equipment and tools.
- They must inform their employees of all applicable health and safety standards as set forth by OSHA.
- They must prominently display the OSHA poster that explains the employees’ rights under the OSH Act.
- They must create an understandable and clearly written method of communication that informs employees of potential hazards by employing material safety data sheets as well as some form of an employee training program.
Protect Your Right to Work in a Safe Environment
Though working in the field of construction can be very dangerous, the dangers can be mitigated on the part of your employer. They have a legal, moral, and ethical responsibility to ensure the workplace is reasonably safe and free from hazards. If you were severely injured while working on a construction site, do not delay in contacting our New York workers compensation lawyers for a free consultation.
New York Workers Compensation Lawyers Discuss Benefit Qualifications
If you or someone you know has been hurt at work or has suffered a work-related injury or illness, you may have heard about workers’ compensation. If this is your first experience with a work-related illness or injury, you may not know much about workers’ compensation, including whether you qualify for workers’ compensation benefits, or, if you do, how to go about filing your workers’ compensation benefits claim.
If this sounds like you, consider reaching out to the workers compensation lawyers at Polsky, Shouldice & Rosen, P.C. Our workers compensation lawyers have over 25 years combined experience helping people just like you determine whether they may qualify for workers’ compensation benefits and helping them file their workers’ compensation claims. The competent, caring New York lawyers at Polsky, Shouldice & Rosen, P.C. are here to help you understand and navigate the claims process. They can offer a range of services including:
1. Helping you determine whether you may have a valid workers’ compensation claim: Workers’ compensation is a type of insurance that most employers are required by state law to carry for their employees to provide payment if an employee is injured at work. Depending on the state, employers may be required to carry different amounts of workers’ compensation insurance and the specifics of what kind of work-related illness or injury they are required to cover may vary.
However, if you have been injured in a workplace accident and you did not intentionally injure yourself, and you weren’t under the influence of alcohol or drugs, you may qualify for benefits. Likewise, if you have suffered an injury over time, such as back or knee problems related to your work, or if you have an illness related to your work, you may also qualify for benefits. The workers compensation lawyers at Polsky, Shouldice & Rosen, P.C. can help you determine whether you should seek benefits under your state’s workers’ compensation law.
2. Helping you file your New York workers’ compensation benefits claim: After you report your injury or illness to your employer, your employer should provide you the forms necessary to make your workers’ compensation claim. After completing the forms, your employer will submit them to their workers’ compensation insurance carrier who will evaluate your claim. The attorneys at Polsky, Shouldice & Rosen, P.C. can guide you through this process, making sure that your employer is following the law and helping you make your claim as strong as possible.
3. Helping you realize the benefits you deserve: The insurance carrier and your employer may dispute the circumstances or seriousness of your injury or illness. You will need to be prepared to negotiate the amount and type of benefits that you receive and, in some cases, your claim may even end up in a legal proceeding. Our New York workers compensation lawyers are experienced negotiators and litigators and are ready to help you get the benefits to which you are entitled.
Let the New York workers compensation lawyers from Polsky, Shouldice & Rosen, P.C. take the burden of filing and pursuing a workers’ compensation claim off your shoulders. Their kind, compassionate, and professional representation will give you the time and energy back that you need to focus on recovering from your work-related ailment. Call our office today to schedule a no-obligation initial assessment.