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FAQ About Suing for Construction-Related Injuries

work injury

Workplace safety is a serious issue in the United States, especially the construction industry. Dangerous conditions at construction sites often lead to severe injuries, most of which are preventable. Below are some important questions and answers about construction-related injuries. While this may provide some answers to frequently asked questions, it is best to immediately consult with an experienced New York construction accident attorney in the event you are involved in such an incident.

Can I sue an owner or contractor for injuries after getting hurt in a construction accident even if I am not OSHA certified?

Yes. As a construction worker, you do not have to be OSHA certified to sue for compensation if the owner or contractor of the job site violated safety standards. As an employee, you have the right to work in a safe, sanitary, and non-toxic environment. Should you suffer an injury due to a failure to adhere to OSHA’s requirements to provide such a workplace, the negligent party could be liable for your injuries. A negligent, or otherwise legally liable party, could include a property owner, general contractor, or another third party.

Can I sue an owner or contractor for injuries after getting hurt in a construction accident even if they are not OSHA certified?

Yes. A contractor or a job site owner does not have to be OSHA certified to be held responsible for injuries suffered by workers on the job site.

What does being OSHA Certified mean?

OSHA certification is an official certificate of competency issued in accordance with the Occupational Safety and Health Act of 1970. It represents the achievement of workplace conditions stipulated by the Occupational Safety and Health Administration.

What being OSHA certified requires?

While OSHA does not specifically address training or certification requirements for workers, many OSHA standards require employers to train employees in specific safety and health aspects of their jobs.

What might happen when I file a claim for an OSHA violation?

When you sue an owner or contractor for a reported OSHA safety violation, any of several remedies may occur:
• OSHA could investigate the violating organization
• Changes in company safety practices could be mandated
• The negligent party could lose their operating license

You may also be entitled to monetary compensation for your resulting injuries.

We Can Help You If You Are Injured

If you are injured in a construction site accident, you need to hire an experienced New York construction injury attorney to protect your legal rights. The attorneys at Gersowitz Libo & Korek P.C. have more than 40 years of experience in aggressively fighting for plaintiff rights and getting the full extent of the monetary compensation deserved.

To schedule a complimentary consultation with one of our New York construction injury attorneys, please call 1-800-529-9997.

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Jeff Korek
Jeff S. Korek
Senior Trial Partner
New York State Bar #2089290

Jeff S. Korek is a New York trial lawyer and Senior Trial Partner at Gersowitz Libo & Korek, P.C., where he has practiced since 1992. Over more than three decades of practice, Jeff has represented clients in complex personal injury and medical malpractice cases and has secured significant verdicts and settlements, including $10 million and $20 million recoveries in medical malpractice matters involving childbirth complications, as well as an $18 million settlement in Gardener v. City of New York.

Jeff has been recognized by The Best Lawyers in America since 2006 and has received multiple “Lawyer of the Year” honors, including for Personal Injury Litigation – Plaintiffs in New York City in 2016 and Medical Malpractice Law – Plaintiffs in New York City in 2020. He has also been repeatedly selected to Super Lawyers, including the Top 100: New York – Metro list. With decades of experience handling complex cases, a strategic approach to litigation, and a strong commitment to clients, Jeff Korek has built a distinguished practice in New York personal injury and medical malpractice law.