Legal Question in Construction Law in California

work place air unsafe.

i work in construction.they had gas propane heaters going and they were painting too.i got a headache and i want to know my rights and can i be compensated if they were in violation of some kind.thank you


Asked on 2/12/07, 12:06 am

1 Answer from Attorneys

Steven Lynes Lynes & Associates

Re: work place air unsafe.

With respect to any claims against your employer, your claim would be limited to a workers compensation claim. If you were indeed injured and now unable to work as before, please advise your employer.

As for a claim against other contractors, the first question is you were actually injured. If it is limited a single headache, the likelihood of any significant recover is remote. If this workplace exposure has somehow caused you greater injury, I would recommend that you see a doctor immediately to get a diagnosis. If you were indeed injured as a result of another contractor's violation of worker safety laws, you could pursue personal injury claims on multiple theories, including statutory negligence.

Incidently, your can seek workers compensation benefits while also pursuing the personal injury lawsuit against non-employer parties. However, you can expect the workers compensation insurer will file a lien against any recovery in the civil action for monies disbursed.

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Answered on 2/12/07, 1:00 am


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