Q: Does a new business in Tulsa become the 'principal contractor' when an unlicensed and uninsured handyman is injured?
I had a remodeling job for a new business. The business ignored my numerous attempts to comply with OSHA standard Gen Duty clause 5 (a) [1] by me having to work in a high heat interior workspace to hold up my obligation for the work quoted. I have proof of days, times, and hours worked and all times were considered above limits on OSHA heat stress calculator. This led to consecutive days of heat illness symptoms, ultimately causing a fall from a ladder culminating in a minor head injury and shoulder injury. I was able to string the company project manager (also President of Operations) along for 4 full days off and my shoulder felt okay so I went back to work. A few weeks later, while removing a heavy window/wall A/C unit ( I was assisted by the landlord's maintenance guy) we lost control of the unit and it slammed into my shoulder. This was all witnessed by him and the company's office manager/policy & compliance officer. This is a motor coach tour company under FMCSA regulations.
A:
An Oklahoma attorney could advise best, but your post remains open for two weeks. You may have started out this matter with a personal injury attorney, but the issues you are describing would probably be better addressed by a workers' comp attorney. If you have not retained a WC attorney, you could try to arrange a free initial consult. You could find WC firms here (Find-a-Lawyer), or through your own independent searches. Good luck
Tim Akpinar
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