Nearly every work day, Alonso Maldonado installs siding on Omaha-area homes with his parents’ business Ruiz Construction. Having worked in construction for three years, Maldonado knows it can be a dangerous profession.
That’s why he attended a 10-hour construction safety class hosted by the Heartland Workers Center’s (HWC) Health and Safety Training Institute (HSTI).
Over the course of a weekend in January, Maldonado and fourteen other construction workers and employers sat in the nonprofit’s South 24th Street office and refreshed their knowledge on the regulations of worksite safety. For Maldonado, the decision to attend the training was simple.
“I’d encourage all workers to make the decision to take a class,” Maldonado said. “Don’t wait for an accident to happen.”
Construction continues to be one of the deadliest industries in the U.S. During 2021, 986 construction workers died on the job, according to the U.S. Bureau of Labor Statistics.
Penélope León, who hosts training with HSTI, said it’s important for both workers and employers to understand their rights and obligations to keep everyone safe at work.
Here are a few things to know to feel safer on the job in Nebraska:
Know if you’re an employee or subcontractor.
It’s important to understand if you are classified as an employee or a subcontractor when you work. For employees, an employer is responsible for withholding and paying the employment-related taxes. Subcontractors are responsible for keeping their own records and paying their own income and self-employment taxes.
Workers’ compensation insurance covers the risk of an employee getting injured on the job. It does not cover subcontractors.
In Nebraska, the Employee Classification Act protects workers in construction and delivery services from being misclassified as subcontractors. That can lead to withholding taxes, unemployment insurance and workers’ compensation insurance benefits.
You can call the Department of Labor if you believe you or someone else is misclassified as an employee or subcontractor at (800) 627 3611.
Know your employer’s information.
León said one of the most important things you can do to stay safe on the job is check your equipment regularly.
“They say accidents happen, but most accidents you can prevent.” León said. If something is wrong with your equipment, document that and make sure your manager knows about it.
If you do get hurt at work, it’s important to get medical help, León said. Workers’ compensation insurance covers the risk of an employee, not subcontractors, getting injured on the job. Make sure you know your employer’s first and last name, number, and the official name of the business to have your worker’s compensation cover the injury.
When an employer hears about an injury at work, they have an obligation to notify their workers’ compensation insurer and file a report with the worker’s compensation court within 10 days of the date of the notice of injury.
Know your rights to fair wages.
Employers must keep a record of the hours employees work and pay employees with a paystub, Penélope León said. A paystub includes the company’s name, address and the worker’s name.
In January, Nebraska’s minimum wage changed from $9.00 to $10.50, and it will increase by $1.50 each year until it reaches $15 in 2026. If you think there may be something wrong with your wages, keep documents of the issue and speak with someone at work who can help make a direct change. You can also file a wage complaint with Nebraska’s Dept. of Labor.
You can contact the Heartland Workers Center at (402) 933 6095 or hsti@OSHABilingualTraining.org to request training.