Charlotte Injury Lawyers Blog
Charlotte Personal Injury Attorney Matt Arnold answers the question: “Can my employer fire me because I filed a workers’ compensation claim?”
Look around. Every building and structure is a result of the hard work of construction workers who make it their life’s work to be a part of the construction of buildings and structures. Working in construction is not without its risks. Every day, construction workers across the country go to emergency rooms with injuries sustained on the job. One of the biggest risks of injuries to construction workers is the danger of serious falls. However, that is not the only danger to construction workers. In North Carolina, the leading cause of fatal accidents in the state are incidents in which the worker has been “struck-by” an object. It is important for construction workers to know their rights when it comes to work related injuries and for their families to know their rights in the event of a fatality.
OSHA Regulations
The Occupational Safety and Health Act (OSHA) gives employees various rights in the workplace. The General Duty Clause states that an employer needs to “furnish each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.” Employers are also required to follow other regulations that OSHA sets forth.
OSHA also specifies regulations and standards that must be followed in various industries, like construction. For example, there are specific standards for protecting employees from falls, like through the use of safety harnesses. In addition to providing guidance on what an employer must physically do for the safety of an employee, OSHA requires distribution of OSHA safety standards and training to employees. In the event that an accident at the workplace results in a fatality, OSHA must be notified within eight hours of the incident. Hospitalization must be reported in 24 hours. Finally, an employee has the ability to notify OSHA of hazards that are at the workplace, report injuries, or even request inspections.
Workers’ Compensation
In North Carolina, job related injuries may be eligible for workers’ compensation benefits. Workers’ compensation provides an avenue for employees to receive compensation from their employer when they were injured in the course of doing their job. However, workers’ compensation does not always result in enough compensation to adequately help an injured employee to heal.
An employer is not always the only party responsible for an injury. In addition to a workers’ compensation claim, an injured employee might be able to bring a personal injury suit against a third party. Construction sites are also a mix of contractors and subcontractors. This results in liability potentially being spread through multiple parties, not just a direct employer.
If you or a loved one has been injured at a construction site, you need a personal injury attorney who is dedicated to helping you. The personal injury attorneys at Arnold & Smith, PLLC are here to help you. We know that an injury can be devastating, especially when that injury occurs at your job. Contact us today for a consultation and to find out how we can help you.
The dedicated personal injury attorneys at Arnold & Smith, PLLC are here to help you with all of your personal injury needs. We know that an injury can cause devastating results in your life. Whether the injury is physical or emotions, you should receive compensation for your damages. Our attorneys understand this and will fight for your compensation. We know that personal injury awards can help you rebuild your life after an injury and will use every resource available to present the best case possible. Now taking cases throughout the Charlotte region with offices in Uptown Charlotte, Mooresville and the new location under renovation in Monroe. Contact us, for a free consultation, call us at 704-370-2828 or click here for additional resources.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
Source:
https://www.labor.nc.gov/news/news-release/2018/01/25/struck-incidents-lead-work-related-deaths
https://www.osha.gov/laws-regs/oshact/section5-duties
Image Credit:
https://www.freeimages.com/photo/construction-workers-1215154
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