Asbestos removal worker had an accident at his job does he have the right to sue the owner of the building?
Posted on July 23rd, 2009 by admin
Asbestos
This happened one year ago, since then he has been receiving workers compensation check. The lawyer he has says that he can only sue the Asbestos company but the owner of the building were he was working. He wants to sue the building’s owner too because when the fire started he was trying to find a way out but all the emergency doors were with a lock and the supervisor didn’t have the key. We have talked to other lawyers and they said the same thing, but do you have an idea want can we do or he can only sue the company as the lawyer said. Thank you.
This happened one year ago, since then he has been receiving workers compensation check. The lawyer he has says that he can only sue the Asbestos company but the owner of the building were he was working. He wants to sue the building’s owner too because when the fire started he was trying to find a way out but all the emergency doors were with a lock and the supervisor didn’t have the key. We have talked to other lawyers and they said the same thing, but do you have an idea want can we do or he can only sue the company as the lawyer said. Thank you.
Filed under: Law Enforcement & Police
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in most states, Workers Compensation laws do not permit suits for workers injured on the job.
yours may be different, and you haven’t told us where, so you’ll have to do own search.
as to the building’s owner — was supervisor’s job to look out for the conditions under which his men were working. expanding that is going to be a tough sell to the judge.
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Building codes. If the building where the owner is was grandfathered (some buildings were allowed to keep asbestos) and thus too old to convert, they don’t have a case.
If the building it not conforming to building code, then the owner is screwed.
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Your question is not clear. In most states a worker, injured on the job, cannot sue his employer, but must accept workers comp benefits. West Virginia is an exception because of the Mandolitis case.
If the building owner was his employer, he cannot sue the building owner.
If the worker was employed by an asbestos abatement company who is different than the building owner, he should then be able to sue the building owner.
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In UK he has suit against the owner. For a start he has been injured, he has been trapped. he also has cause of action against his employer. YThe fact that he has been paid Sick Benefit and Industrial Injuries Benefit is of no account but part of his damages will consist of a return of such payments
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of course he can
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WHEN DOING ASBESTOS WORK FIRE EXIT SIGNS SHOULD BE CLEARLY POSTED THROUGH OUT THE CONTAINMENT(WORK AREA).NORMAL EXISTS MY BE CHANGED BECAUSE WORK AREA DURING REMOVAL OF ASBESTOS WILL ALTER EXISTING EXITS.THIS IS MANDATORY PRIOR TO STARTING THE JOB UP.THIS IS AN OSHA RULE….I’M AN ASBESTOS SUPERVISOR .SOLE RESPONSIBILITY IS PLACED UPON THE COMPETENT PERSON,WHICH IS THE SUPERVISOR. GOOD LUCK