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What can I do if my workplace is unsafe?
If you suspect a dangerous condition at work, you should first make your supervisor aware of it and then follow up in writing. If no satisfactory action is taken, you can file a complaint at a nearby Occupational Safety & Health Administration (OSHA) office.

If I am injured on the job, is worker's compensation my only recourse?
It depends on the injury, the circumstances surrounding the injury, and the jurisdiction in which the injury took place. In some cases, you may have to settle for worker's compensation. In others, however, you may be able to file lawsuits against third parties who could be found negligent, such as the manufacturer, supplier, or installer of any defective equipment involved in the accident. Third parties may also include the likes of contractors and property owners. Most states, however, also allow a lawsuit to proceed against the employer if it can be shown that the employer knew of a dangerous condition and did not do anything about it.

It bears noting that a major advantage of worker's compensation is that, albeit with some limitations, it provides benefits to qualifying injured workers, regardless of whether the injury was due to the employer's or the worker's negligence.

So I can sue the owner of the property?
This depends on the amount of authority the property owner exercised over the work at the time the accident took place. It also depends on the amount of control the owner had over the property itself. The property owner may or may not be held wholly or partially liable for your injuries.

If I am injured on the job, does it help my case if an ensuing investigation shows that my employer violated OSHA regulations?
It depends on whether the violation contributed to bringing about your injury, and on the jurisdiction in which your case is heard. Some courts have contended that a violation of an OSHA regulation that results in an injury constitutes negligence.

Should I retain a lawyer if I'm injured on the job?
Because of the intricacies surrounding interacting worker's compensation, OSHA and other safety regulations, party liability, and product liability laws, it is advisable to at least consult with a qualified personal injury attorney with experience in construction accident cases. All the more so if the injury you sustained is serious.

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IMPORTANT DISCLAIMER: Jacoby & Meyers, LLC. Prior results do not guarantee a similar outcome. Not available in all states. WHILE THIS FIRM MAINTAINS JOINT RESPONSIBILITY, PRIMARY RESPONSIBILITY FOR CASES OF THIS TYPE MAY BE PERFORMED BY OTHER ATTORNEYS. COURT COSTS AND CASE EXPENSES WILL BE THE RESPONSIBILITY OF THE CLIENT.

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