If someone is working on a commercial building and gets injured..., who is responsible for claim?

Asked 7 months ago - San Juan Capistrano, CA

Basically unsafe working conditions, no supervision on a major demolition project. Live 220 volt exposed wires, no breathing equipment provided in a multi- hazardous drywall/fiberglass airborn particle nightmare. Is the contractor responsible to provide breathing safety equipment in such a case?

Attorney answers (3)

  1. Jonathan Aaron Weinman

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . If you are employed on a job site and get injured on the job site, then you can file a workers' compensation claim and it would be covered by the employer. If there are additional safety concerns, such as the ones you have raised, you can file a complaint with Cal-OSHA about the working conditions.

  2. Neil Pedersen

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Unsafe working conditions will likely to be the responsibility of your employer, not the building owner. However, in some situations there might be joint responsibility. This is an OSHA issue and you can report it anonymously through the website.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more
  3. Timothy George Kerrigan

    Contributor Level 15

    1

    Lawyer agrees

    Answered . You should hire an attorney conversant in both worker's comp and personal injury law. It sounds like you may have a worker's comp claim, even though you never did say you got hurt. If you did, there may also be a 3rd party claim.

    No information provided in response to these questions can be relied upon in any way without further personally... more

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