Showing posts with label construction accidents. Show all posts
Showing posts with label construction accidents. Show all posts

Tuesday, August 24, 2021

Uncovered Construction Site Holes

One of the most common construction accidents resulting in death are falls through unprotected holes in flooring. Often times, holes in flooring are not properly marked, without safety barricades or covered and secured resulting hundreds of serious injuries and deaths to workers on those floors and workers below as well.

According to OSHA, falls account for approximately 35% of construction worker deaths every year. Within that 35% of construction deaths and accidents, unprotected edges, falls through floor holes and wall openings, misused fall protection, and falls to lower levels in partially complete buildings are responsible for a number of workers’ deaths. Work safety requires that employers eliminate job hazards and take reasonable efforts to protect construction workers from life-threatening falls through unprotected floor or wall openings.

The Construction Site Accident Attorneys of Miller Weisbrod will bring lawsuits against the building owner, general contractor and all sub-contractors involved in creating the open hole, allowing the open hole to exist, allowing the open hole to exist and failing to properly guard open holes.

OSHA requires Worksite employers to control the following Open-Hole situations:
Floor holes that can be accidentally walked into should be guarded with either standard railing (including toe boards) on any exposed side, or be secured and covered with appropriate warning signs. that can be accidentally walked into should be guarded with either standard railing (including toe boards) on any exposed side, or be secured and covered with appropriate warning signs. Safety nets, personal restraint systems, and fall arrest systems should also be used when necessary to prevent falls through holes in the floor.

Wall openings that have a 6 foot or greater drop and where the bottom of the opening is less than 39 inches from the above working surface should be restrained with guardrails, safety nets, and other safety systems as needed.

*Ropes, barricades and toe boards should be provided whenever there is a wall opening that is less than 4 inches above the working surface or whenever work is being performed on a floor or wall opening.

Fall protection measures for holes in the floor or other fall risks are often not assessed when beginning construction work. It is the employer and contractor’s responsibility to make sure appropriate fall protection measures are taken for any fall risks, not limited to holes in floors or walls, but additionally providing safety measures like stair railings, handrails, and safety lines.

While working on a roof, our client was moving decking when he fell through a hole. As a result, Our client was left paralyzed. Our Personal Injury Lawyers obtained a verdict of $5,500,000.

Many employers fail to recognize the severity of injury or death that can result from accidents from relatively low heights. The majority of deaths from falling in construction sites come from heights of less than 10 feet.

Either the appropriate safety harnesses to prevent falls through holes, or adequate training is not provided to employees. Many times, employers neglect language barriers, and do not provide proper training in the worker’s language. Therefore, making them less able to protect themselves or understand the severity of the danger involved in their labor.
Unmarked Construction Holes
Falling through holes in the roof, skylight openings or falling through holes in floors and walls can result in serious and debilitating injuries that can last a lifetime and/or death.

Falls through floor injuries include:
  • Broken feet, ankles, legs
  • Back injuries, spinal injuries, crushed and severed spinal cords
  • Traumatic brain injuries, concussions, neck injuries, paralysis, paraplegia, and quadriplegia

Injuries like these often require long term medical care for the rest of the worker’s life preventing the worker from returning to work temporarily or permanently.

Contact our Work Injury Attorneys The Dallas Work Injury Lawyers of Miller Weisbrod offer informed counsel and experienced representation to clients in Texas and nationwide. To discuss your case in a free initial consultation with an experienced lawyer, please fill out the contact form on this page to schedule an appointment. You can also call us directly at 214-987-0005 or toll free at 888-987-0005.
Work Injury Lawyer Clay Miller

Thursday, August 19, 2021

Workplace Accident Injuries

The workplace can be a potentially dangerous environment, no matter what type of job you do. Whether working on a construction site or in an industrial setting, a workplace accident can result in catastrophic injury or even death.

If you or a loved one has suffered a Workplace Accident, you should discuss your rights and options with an experienced Work Injury Attorney. Without experienced representation, you could settle for far less than you are entitled to.

The Dallas Work Injury Lawyers of Miller Weisbrod offer informed counsel and experienced representation to clients in Texas and nationwide. To discuss your case in a free initial consultation with an experienced lawyer, please fill out the contact form on this page to schedule an appointment. You can also call us directly at 214-987-0005 or toll free at 888-987-0005.

Recovering Compensation For Catastrophic Work Injuries Independent contractors are not covered by workers' compensation laws, unless they have been misclassified. If you are an independent contractor who is injured at a work site, you can sue for personal injuries under theories such as negligence, product liability, and premises liability.

In Texas, not all employer’s have insurance that is true Texas Worker’s Compensation insurance. Some employers have what is called “non-subscriber” insurance (often these are called Occupational Accident and Injury Plans). Under these circumstances, the employee can bring suit to recover money damages in addition to what is provided for employee. This can be a tricky area! You should have an experienced Work Injury Attorney review your case and your insurance policy to advise you of your rights.

A "non-subscriber" is any employer who chooses not to subscribe to workers' compensation coverage. When your employer opts out of workers' comp coverage, you cannot file a workers' comp claim. Instead, your only option is to pursue a non-subscriber work injury claim. Instead, your only option is to pursue a non-subscriber work injury claim which includes the right to sue your employer for full damages NOT just those covered under an occupational injury plan.

Occupational accident coverage provides a degree of coverage for accidents or injuries while a person works. It is optional coverage and typically costs about 50% less than workers’ comp coverage. It may suit companies that do not need all of the benefits that a comprehensive workers’ comp policy provides. Occupational accident insurance covers lost wages, medical expenses, and death benefits up to the policy limit. Additionally, businesses can choose the deductible, limits, and disability coverage they want to buy.

Even if you are an employee covered by worker’s compensation insurance and someone other than, or in addition to, your employer is responsible for your injuries, then you can recover. This is true even if your employer is partially responsible!

OSHA’s Top Ten Frequently Sited Violations

  • Fall Protection, construction
  • Hazard Communication Standard
  • Respiratory Protection, general industry
  • Scaffolding, general requirements, construction
  • Ladders, construction
  • Control of Hazardous Energy
  • Powered Industrial Trucks, general industry
  • Fall Protection–Training Requirements
  • Eye and Face Protection
  • Machinery and Machine Guarding, general requirements

Fatal Falls According to OSHA, out of 4,674 worker fatalities in private industry for the calendar year 2017, 971 (or 20.7%) were in construction. Additionally, fall protection in construction was the number one most frequently cited OSHA violation for 2018.

A recently constructed CDC Occupational Safety database allowed researchers to determine that falls accounted for nearly half of all construction worker deaths. This database was also able to track and analyze all fall incidents from 1982-2015.

  • 42% percent (325) of the fatalities involved falls
  • 54 percent of the workers killed had no access to a personal fall arrest system, and 23 percent had access to a PFAS but did not use it
  • Most of the workers with no access to PFAS worked for residential building contractors and contractors in the roofing, siding and sheet metal sectors
  • 107 of the 325 falls were from 30 feet or higher
  • 20 percent of the 768 deaths occurred in the victims’ first two months on the job

Throughout the industry, these falls were largely preventable. More than half of the workers involved in falls lacked access to fall protection. This includes even basic protections such as freestanding handrail systems.

Our experienced Work Injury Attorneys understand the serious and potentially lifelong impact a Catastrophic Work Injury can have. From amputated limbs to paralysis to traumatic brain injuries, we use our experience and resources to help clients recover just compensation from negligent parties for their medical expenses, lost wages, partial or permanent disability, and − most importantly − the pain and suffering they have endured.

Common Accidents

A general contractor ignored its own requirements for safety training of a subcontractor workforce. As a result, Our client never received training in how to properly use his fall protection equipment. Our client fell two stories and hit the ground because the equipment was hooked up improperly. He was left paralyzed. When the general contractor refused to tender their insurance limits, Clay Miller tried the case to a Dallas County jury in October 2017, and obtained a verdict of $26,500,000, including $15,000,000 of punitive damages.

Experienced Representation Against Insurance Companies
Employees who have suffered an injury in a workplace accident find that insurance companies are often quick to offer settlements, or pressure them into signing waivers that limit their rights. Our Work Injury Attorneys have significant experience taking on big insurance companies or liable third parties, and defend our clients' right to receive full and fair compensation.

If you or someone you love suffered a fall injury at a construction site, do not hesitate to contact the Dallas Work Injury Attorneys of Miller Weisbrod. Call our offices in Dallas at 214.987.0005 or toll free at 888.987.0005 for a free consultation. You may also contact us by filling out the form on this page for answers to your important questions or to schedule an appointment.
Personal Injury Attorney Clay Miller

Monday, August 16, 2021

Dangerous Scaffolding Accidents

Dangerous Scaffolding
According to the Bureau of Labor Statistics (BLS), scaffolding accidents result in 4,500 injuries and over 60 deaths each year and that almost 30 percent of all workplace deaths from falls involve scaffolding or ladders. These accidents are 100% preventable if workplace safety regulations are followed.

Leading Factors in Scaffolding Accidents:

  • Defective or faulty scaffolding (either through manufacturing or design)
  • Falling debris
  • Faulty inspection of scaffolding
  • Uninspected scaffolding
  • Overloaded scaffolding
  • Lack or improper use of scaffolding safety equipment
  • Failure of scaffold parts (i.e. wires, bracing, guard rails, planks, etc.)

Construction and industrial sites often use scaffolding to reach upper levels of buildings. While scaffolding is commonly used to allow workers to safely access high rise infrastructures, they can also cause severe injuries as there are several hazards associated with their use.

Many times, scaffolding is missing important items like bracing that prevents workers from falling. Other common problems causing dangerous scaffolding involves the failure to place the proper footing on the scaffolding allowing it to become unstable and even collapse.

Some specialty trades use scaffolding called “pump jacks” to reach upper levels of a building under construction or undergoing maintenance/repair work. These scaffolding must have the appropriate bracing in place on the support poles or they can collapse or tip backwards from the building.

Our client, while working for the City, fell when the scaffolding collapsed due to faulty components. He is now paraplegic. Our Personal Injury Lawyers obtained a recovery of $5,000,000.00

Common Scaffolding Injuries Scaffold collapse injuries can range in severity. It is not uncommon for us to see the following injuries after a scaffolding incident:

  • Spinal cord injuries including paralysis
  • Traumatic brain injuries
  • Broken or dislocated bones
  • Severe lacerations or punctures
  • Loss of or damage to a bodily organ
  • Significant disfigurement
  • Amputations

Each of these injuries requires extensive medical attention. Not only will this lead to major medical bills, but the injured person may not be able to work while they recover. Lost income could jeopardize the financial stability of their family. If a scaffold accident victim is disabled, they may require lifelong care.

Safety Standards The Occupational Safety and Health Administration (OSHA) publishes regulations on scaffold safety, including how to construct, maintain, and use scaffolds.

In addition, many private organizations publish scaffold safety standards. Violations of these standards can be used as evidence of negligence in personal injury cases resulting from scaffold accidents.

Experienced Representation Against Insurance Companies Employees who have suffered an injury in a workplace accident find that insurance companies are often quick to offer settlements, or pressure them into signing waivers that limit their rights. Our Work Injury Attorneys have significant experience taking on big insurance companies or liable third parties, and defend our clients' right to receive full and fair compensation.

The Dallas Work Injury Lawyers of Miller Weisbrod offer informed counsel and experienced representation to clients in Texas and nationwide. To discuss your case in a free initial consultation with an experienced lawyer, please fill out the contact form on this page to schedule an appointment. You can also call us directly at 214-987-0005 or toll free at 888-987-0005.

Dallas Work Injury Lawyer Clay Miller

Thursday, January 17, 2019

Four leading causes of worker deaths on construction sites

FATAL FOUR

According to OSHA, the leading causes of worker deaths on construction sites were falls, struck-by-object, electrocutions and caught-in/between. These “Fatal Four” were responsible for more than 64% of the construction deaths in 2015.



FALLS

The leading cause of construction workplace deaths in 2015 was from falls and each year more than 100,000 injuries and deaths are attributable to work-related falls. Falls are a leading cause of fatalities and serious injuries, in construction as proper fall protection is not always equipped at sites. Employers must protect their workers and take the following steps to ensure their safety.

  • Provide a guard rail and toe-board around every elevated open sided platform, floor, and runway, as well as around dangerous machines and equipment
  • Include safety harness and line, safety nets, stair railings and hand rail if required on the job site
  • A general contractor ignored its own requirements for safety training of a subcontractor workforce. As a result, Fernando Canales never received training in how to properly use his fall protection equipment. Fernando fell two stories and hit the ground because the equipment was hooked up improperly. Fernando was left paralyzed. When the general contractor refused to tender their insurance limits, Clay Miller tried the case to a Dallas County jury in October 2017, and obtained a verdict of $26,500,000, including $15,000,000 of punitive damages.

  • Select and provide required personal protective equipment to workers and train workers about job hazards in a language that they can understand
STRUCK-BY-OBJECT

The second leading cause was struck-by-object which includes objects that are falling (suspended load coming loose), flying (thrown tools or debris), swinging (load swaying) or rolling (vehicle or heavy equipment in motion). In these scenarios, workers are often caught off guard and do not have enough time to react and move out of the way. To help ensure worker safety you can practice these prevention tactics.

  • Wear safety glasses, goggles or a face shield when using power tools and ensure protective guards are in good condition
  • Secure tools and materials using toe boards, screens, and debris nets
  • Avoid areas where work is being performed above and always wear a hard hat at all times while on the construction site
  • Never position yourself under a suspended load, always verify that the heavy equipment operator sees you, and steer clear of vehicles and heavy equipment in use
ELECTROCUTION

The third leading cause of construction workplace deaths in 2015 was electrocution. In fact, electrical hazards cause more than 300 deaths and 4,000 injuries in the workplace each year. Electricity is a serious workplace hazard, and sadly many of these injuries and fatalities could be easily avoided by taking the following precautions.

  • Provide safety training and the proper personal protective equipment (PPE) for your employees
  • Reinforce the importance of always wearing PPE even if employees think it slows them down, or they are experienced so are not at risk
  • For Arc Flash protection in particular use PPE that has an arc rating equal to or greater than the calculated incident energy
CAUGHT-IN-BETWEEN

The fourth leading cause of construction workplace deaths in 2015 was caught-in-between. These are accidents where a worker’s body part is caught, crushed or squeezed between two or more objects and happen as a result of collapsing materials; body parts pulled into unguarded machinery and equipment rollovers. So how can you prevent these caught-in-between accidents?

  • Be familiar with equipment to know where the pinch, sheer, wrap and crush points are located, as well as pull-in areas
  • Shut down equipment before doing repairs or inspections and chock the wheels on equipment that could move or roll
  • Keep your focus on what you are doing and watch for people carrying objects that block their view
  • Encourage employees to wear close-fitting clothing, leave their jewelry off while at work, and pull back long hair into a bun to prevent being caught in moving machinery
CONTACT US

Our attorneys have won several multimillion dollar verdicts and settlements on behalf of construction accident victims and their families. Our record of proven results is one of the many reasons individuals choose our firm to handle their cases.

If you were seriously injured or a loved one died in a construction accident caused by a negligent contractor or subcontractor or OSHA safety violations, we encourage you to call our offices in Dallas today at 214.987.0005 or toll free at 888.987.0005 to schedule a free consultation.