Construction Injuries - Pinellas County, FL

Construction Injuries - Pinellas County

Construction Accidents - An Overview

Construction workers face some of the most dangerous working conditions in the country on a daily basis. Although there are regulations, statutes, ordinances and industry standards that mandate employers must provide a reasonably safe working environment, construction workers still suffer serious injuries at an alarming rate.

The sheer number of hazards on a construction site makes it virtually impossible to prevent all injuries from occurring. These hazards include falls from scaffolds and other elevations, being struck by moving or falling machinery, electrocution, health hazards resulting from exposure to asbestos and chemicals, injuries caused by defective or unsafe equipment, and lifting and repetitive motion injuries.

If you have suffered or if one of your family members has suffered injuries as the result of a construction accident, an experienced construction accident and injury litigation attorney can help you understand your rights.

According to the US Department of Labor Bureau of Labor Statistics, the construction industry accounts for the highest number of worker fatalities of any industry. Hazards posed by construction sites include exposure to noise, dust and other chemicals, working from high elevations and in confined spaces, working with power tools and other mechanical equipment, exposure to electricity, and performing excavations. More information on the specific types of injuries suffered by constructions workers is provided below.

If you have been injured while working at a construction site, your financial recovery may be affected by workers' compensation laws, depending on your employment situation and the degree of liability on your employer's part. Following is a brief examination of the typical workers' compensation procedure. Keep in mind that parties other than your employer may be legally responsible for your injuries (such as third-party contractors, property owners or equipment manufacturers) and your recovery from those parties will not be affected by workers' compensation laws. If you or your loved one has suffered injuries as the result of a construction accident, consult a workers' compensation attorney to learn if you qualify for benefits.

OSHA safety standards and regulations apply to construction projects, so it is helpful to have a general idea of your rights under OSHA as an employee at a construction job site. If you or your loved one has suffered injuries as the result of a construction accident, consult an attorney to learn more about your rights regarding compensation.

Q: How do I take steps to assert my rights to a safe workplace?

A: If you feel that your workplace is unsafe, your first action should be to make your supervisor aware of the danger, then follow up in writing. If you are still unsuccessful in getting the safety hazard corrected, you can file a complaint at the nearest OSHA office. You can refer to OSHA's website at http://www.osha.gov for more information.

Q: If I'm injured while working on a construction site, is it possible for me to recover more than just workers' compensation benefits?

A: Workers' compensation laws only affect your recovery from your employer, not other parties. If other parties, such as equipment manufacturers, property owners or third-party contractors, are responsible for your injuries, you may be able to recover from them in addition to collecting workers' compensation benefits.

Q: Is the construction company liable if a person is injured by materials or other debris from a construction site while walking on a public sidewalk next to that site?

A: The injured person may be able to recover damages from the construction company. Contractors owe a duty to the public to warn and guard against known or reasonably foreseeable dangers from a construction site. Further, the warning must be effective, so merely posting a danger sign usually is not sufficient. The contractor also is responsible for providing adequate walkways around or through the site. In this case, materials from a construction site must be stored in such a way so as not to pose a danger to the public.

Q: I was injured while working on a large construction project. Can I sue the person who owns the property?

A: Depending on the amount of authority over the work that the property owner exercised, and the amount of control he or she had over the property itself when the injury occurred, the property owner may be liable for some or all of your injuries.

Q: Will workers' compensation cover any injury that happens at work?

A: Workers' compensation covers most injuries that happen at work or during a work-related activity, although there are some exceptions. By definition, workers' compensation covers any accidental injuries that occur in the course of employment, regardless of whether the employee or the employer is at fault for the injury.

Q: Who is responsible for making sure that the construction site where I work is safe?

A: The property owner and general contractor (and in some cases sub-contractors) are responsible for ensuring the safety of workers at a construction site. The extent of each party's responsibility will vary depending on your case.

Q: If I file a complaint against my employer to OSHA, can my employer take any action against me?

A: Your employer cannot retaliate or discriminate against you for filing a complaint to OSHA. This includes denying you a raise, decreasing your hours or pay, or transferring or firing you, among other actions. OSHA provides protection against these types of activities, known as "whistleblower" protection. To preserve your rights, you must file a complaint with OSHA within 30 days of the retaliatory or discriminatory action..

Q: I was injured on the job and an investigation showed that my employer violated OSHA regulations. What will this do to support my case?

A: The answer will depend on whether the violation caused your injury, and where your case is heard. Some courts have held that the violation of an OSHA regulation is negligence per se where an injury resulted, meaning that the violation of OSHA is enough proof of the employer's negligence. Other jurisdictions, however, have found that an OSHA violation can be one factor in finding the employer negligent, but cannot be the only factor.

Q: Should I consult an attorney to discuss my construction injury claim?

A: Definitely. Your claim may involve complex issues concerning party liability, compliance with safety regulations, engineering and indemnity. An attorney who is experienced in the area of construction accident liability can help you determine if you have a case, and if you do, the best way to pursue it.

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