Legally, employers do not just have a duty to provide proper safety equipment. They also have a responsibility to inform workers how important it is to use the equipment, and train them in its use.

If you were injured on a construction site, whether that injury was a trauma injury, like a fall, or an occupational disease, like hearing loss, a Tampa construction accident attorney may be able to obtain financial compensation for your injuries. The path to fair compensation usually depends on the facts of the case, as outlined below.

Workers’ Compensation

Typically, workers have access to no-fault insurance benefits which replace lost wages and pay reasonably necessary medical expenses. There’s no need for victims to prove employer negligence or anything else. Their injuries must simply be work-related.

Frequently, victims have pre-existing conditions which contribute to the risk or severity of an injury. For example, Victor might have a bad knee which contributed to his fall, or Sally might play in a noisy garage band during her off-hours. Usually, insurance companies cannot use these pre-existing conditions as an excuse to reduce or deny compensation. Victims must simply prove that the work-related injury aggravated the pre-existing condition, as opposed to the other way around.

In terms of wage replacement, most of these victims receive two-thirds of their average weekly wage for the duration of their temporary disabilities. The AWW is not just an average of past wages. If victims miss overtime or bonus opportunities due to their injuries, the AWW must include these losses as well.

As for medical bills, workers’ compensation usually pays everything from the first moment of emergency care to the last day of physical therapy. Typically, insurance companies pay these expenses directly, and victims are not financially responsible for any unpaid charges.

Not Workers’ Compensation

Nonsubscribers, defective products, and reckless employers are the three most common kinds of non-workers’ compensation claims in Florida.

State law requires most employers to purchase workers’ compensation policies. But some employers flagrantly disregard this requirement. Others lie on insurance forms. Common false statements include the number of employees, the type of work they do, and the size of the payroll. Once insurance companies uncover these frauds, they normally deny payment.

The law protects these victims. In these cases, they may file damage claims in civil court. Employers usually cannot use some key defenses in these claims, so negligence is easier to prove.

If a defective product substantially caused the injury, the product manufacturer could be strictly liable for damages. Companies cannot hide behind workers’ compensation laws and escape liability in these situations. Victims must only prove causation in strict liability cases. Additionally, punitive damages are usually available in these claims. Such damages are the only way to compel these companies to change the way they do business.

Finally, if employers are reckless and knowingly send employees into dangerous environments where they suffer injury, a civil claim might be an option. An experienced attorney should review your claim and make this determination.

Reach Out to a Compassionate Hillsborough County Lawyer

Injury victims are usually entitled to significant compensation. For a free consultation with an experienced personal injury attorney in Tampa, contact Mark H. Wright, PLLC. Virtual, home, and hospital visits are available.

Resource:

usatoday.com/story/money/careers/2018/01/09/workplace-fatalities-25-most-dangerous-jobs-america/1002500001/

A Tampa construction accident attorney can obtain the financial compensation survivors need in these situations. In most cases, fatal construction accidents not only deprive a family of its primary or only wage earner. They also create almost unbelievable emotional distress and other noneconomic losses. A successful legal claim gives these families the resources they need to carry on.

Falls

A combination of falls from a height and slip-and-fall injuries are by far the most common fatal construction site accidents. People with pre-existing conditions, such as a previous fall, often do not survive a slip-and-fall head injury. Additionally, a fall from as little as four stories high could be fatal in many cases.

People with pre-existing conditions are usually entitled to maximum compensation. The eggshell skull rule essentially states that defendants take victims as they find them. A defendant cannot use a genetic or other weakness as an excuse to reduce or deny compensation.

Roughly the same principle applies to non-work injuries which contribute to a work-related injury. For example, hearing loss might be mostly job related. But people also hear loud noises on the weekends. Full compensation is usually available, as long as the work-related cause was more prevalent than the non-work-related cause.

Caught Between

These accidents usually involve either motor vehicle collisions or two parts of a mechanical press or other such tool.

Most construction sites are busy and noisy. Furthermore, many workers who operate large trucks and other equipment have little experience behind the wheel. This combination often means that workers get hit.

Although these collisions are usually low-speed collisions, large construction vehicles are so heavy that the odds of survival are slim.

Mechanical presses and elevator lifts usually make workers more efficient. But these machines are also very unforgiving. A limb in the wrong place at the wrong time could lead to a gruesome injury.

Electrocution

Somewhat similarly, there are basically two types of electrocution injuries. And, at a busy construction site, it’s often difficult to tell the difference between a live wire and a dead one. That’s especially true for non-electricians or workers with limited English proficiency.

Frequently, the sudden, extreme force of an arc blast throws victims away from the wire. As a result, they often fall from a height or hit their heads upon landing.

Some arc blasts are not quite strong enough to propel victims away. So, they are exposed to temperatures as high as 8,000 degrees for several seconds. That exposure often causes catastrophic skin and internal burns.

Struck By

There is an old saying at construction sites that hammers are like guns. Workers should never pull them out unless they intend to use them. As small objects fall, they pick up speed. That speed multiples the force in a collision between two objects. If I drop a hammer on my toe, my toe will hurt. If I drop a hammer from three or four stories up, a pedestrian on the ground could be killed, even if that person is wearing a hardhat.

Connect with a Dedicated Lawyer

Substantial compensation is available for fatal four victims and survivors. For a free consultation with an experienced personal injury attorney in Tampa, contact Mark H. Wright, PLLC. We routinely handle matters in Hillsborough County and nearby jurisdictions.

Resource:

osha.gov/data/commonstats

Florida’s construction industry is quite competitive. A few dollars could be the difference between winning a contract and watching another company complete a project. Many bosses try to trim costs by cutting corners when it comes to safety. Additionally, many Florida construction workers are LEP (Limited English Proficiency) employees. These individuals are hard workers, but they often do not fully comprehend safety procedures.

According to the Occupational Safety and Health Administration, the number of construction site fatalities could be nearly cut in half by eliminating the Fatal Four.

Fatal accident survivors are entitled to financial compensation for their losses. Money never makes up for an untimely death, but it at least helps families move forward. No fault workers’ compensation benefits are available in many situations. Other survivors might be able to file claims in civil court, where they are entitled to additional compensation.

Falls

Slip-and-fall incidents and falls from a height are, by far, the most common fatal construction accidents in Florida.

It is easy to lose one’s footing at busy construction sites, especially in places like narrow scaffolds. Due to a prior injury or a genetic abnormality, many victims are especially susceptible to serious slip-and-fall injuries. Additionally, these incidents often cause head injuries. And, many doctors do not immediately diagnose and properly treat fall-related head injuries.

Pre-existing conditions or not, falls from as little as four stories above ground could be fatal. Height usually multiplies the injuries in these incidents.

Caught Between

Many workers are caught between platforms on elevators and lifts. Frequently, construction lifts and elevators do not have the same safety sensors as the devices in finished buildings. Other workers are caught between heavy falling items, like construction cranes, and the ground. Either way, the injuries in these incidents are often gruesome.

Struck By

As mentioned, height usually multiples fall injuries. There is an old, and partially true, story that a penny dropped from the top of the Empire State Building is fatal to a pedestrian below. So, altitude also multiples the injuries in these situations. A plummeting hammer from a few stories up could easily be fatal to someone on the street, even if that person is wearing a hardhat.

Electrocution

At busy construction sites, it is often difficult to tell the difference between a live wire and a dead one. These incidents cause several kinds of injuries.

Flash burns are perhaps the most common electrocution injuries. For a brief instant, these flash fires are almost as hot as the sun. Any contact could cause third or fourth-degree burns. These injuries normally require extensive, and costly, treatment at specialty burn centers.

The runaway electrical current also causes many falls. Typically, the flash throws victims back several feet. That reaction helps save them from even more serious burns. Unfortunately, being tossed several feet on a construction site could lead to an even worse injury.

Reach Out to a Dedicated Attorney

Florida construction sites hold many dangers for innocent workers. For a free consultation with an experienced Tampa construction accident lawyer, contact Mark H. Wright, PLLC. You have a limited amount of time to act.

Resource:

osha.gov/data/commonstats