Bradenton Construction Accident Lawyer

Construction Accident Injuries in Bradenton

The construction industry is an important part of the American economy. There is no doubt that work can subject workers to serious dangers. Bradenton workers perform skilled tasks, often working in high places or while using heavy machinery. But construction workers who were injured or killed deserve the right to pursue compensation for their injuries, medical bills, and lost wages with the help of a Bradenton construction injury accident attorney. Injured workers not only struggle with the pain and trauma of the injury but also with questions and concerns about the future. A Bradenton Construction Accident Lawyers can evaluate your case and guide you through the legal process.

Common Causes of Construction Accidents

Many construction accidents are preventable. Negligence or violations of important safety standards by the contractor, employer, or machine manufacturer may lead to a serious accident. In some circumstances, there is a shortage of skilled construction laborers. Workers are undertaking large, ambitious projects and working under time pressure. Therefore, some laborers are overworked, and some contractors are hiring workers who are less experienced and may be unfamiliar with the tasks or the equipment.

Congress enacted the Occupational Safety and Health Administration (OSHA) to ensure safe and healthful working conditions for workers by setting and enforcing standards and by providing training, outreach, education, and assistance.

The most commonly cited violations of OSHA standards include:

• Training requirements
• Slip and Fall protection standards
• Scaffold safety standards
• Stairway safety standards
• Ladder safety standards

In some cases, the employer was aware of a dangerous condition and did not correct it. Approximately 13 percent of OSHA found one or more willful violations of a critical safety standard.

These willful safety violations included:

• Intentionally using malfunctioning or damaged equipment
• Intentionally disabling safety features on dangerous equipment
• Knowingly violating other safety standards

The “Fatal Four” Hazards

The Census of Fatal Occupational Injuries found that almost all construction workers will have at least one work-related injury in their lifetime, and have a greater risk of premature death. They also report that someone who works in construction for 45 years has a 75 percent chance of suffering a serious injury and a 1 in 200 chance of being killed on the job.

Research from the Occupational Safety and Health Administration (OSHA) shows that four hazards are overwhelmingly responsible for construction worker deaths. These hazards, which are known as the Fatal Four,” are responsible for 545 worker fatalities in the United States every year.

They are:

• Falls. Frequently, construction workers while in high places, such as roofs, ladders, or scaffolding. The regulation requiring employers to provide fall protection systems is the most commonly violated safety regulation in the industry. Falls account for 39.2 percent of construction worker deaths and can happen in all kinds of circumstances.
• Being struck by an object. Construction workers are constantly at risk of being struck by objects. A worker may be injured due to unsecured tools, falling equipment, materials knocked off of a scaffolding, insufficient barricades, or a thousand other hazards.
• Electrocutions. Exposure to electricity is a major hazard to construction workers. Electrical powerline installers have the highest rate of fatal injuries in the construction industry at roughly 67 deaths per 100,000. Contact with electrical lines, transformers, converters, and other electrical hazards may expose a worker to burns, electrocution, shock arc flash, or explosions.
• Getting caught between equipment or objects. Another commonly violated safety and health regulation in the construction industry is the regulation requiring employers to provide machine “guards.” The purpose of safety guards is to prevent workers from inserting a body part, such as a hand or foot, into an operating machine.

Other common construction hazards include:

• Struck-by accidents. These occur when a worker is struck as a result of a force other than gravity. The worker may be struck by a vehicle, or hit by a nail shot from a nail gun, or other items that have been shot, thrown, sprayed, or otherwise propelled.
• Falling objects. Workers are often laboring on different levels of a structure. Often, unsecured tools fall, pallet loads or building materials may fall, or even the structure itself may fall and injure a worker. It doesn't have to be a large object to injure or kill a worker.
• The tools used in construction can harm workers. Power tools or even hand tools can cause serious injuries.
• Confined space accidents. Construction workers often find themselves in tight spaces to perform their work functions. On a construction site, a worker may have to crawl into or out of a confined space, such as an underground space or manhole. OSHA requires employers to provide training, equipment, and proficient rescue services for permit-required spaces. Confined spaces may expose them to dangerous air conditions, cave-ins, or other dangerous situations.
• Faulty equipment. Defective or poorly maintained equipment can cause amputations, broken bones, or other injuries.
• Work vehicle accidents. All kinds of vehicles, such as trucks and heavy machinery, are in use at a construction site. Workers may be operating a dangerous piece of machinery or in the path of a moving vehicle.
• Unstable surfaces. Collapsing buildings, walls, and other unstable surfaces are a danger for workers.
• Improper storage, loading, and unloading. Employers must train workers in how to move heavy loads safely.
• In addition to asbestos and lead, other chemical exposure risks include solvents and acids, flammable materials, carbon monoxide, industrial cleaners, pesticides, and paints.

Common Injuries

Construction accidents happen every day. Injuries may be minor, or they may be catastrophic injuries (or even fatal). Injuries may be caused by faulty equipment, inadequate training, or the negligence of others.

Common injuries include:

• Broken bones
• Amputations
• Eye injuries
• Knee and ankle injuries
• Neck and back injuries
• Respiratory disease
• Spinal cord injuries
• Traumatic brain injuries
• Death

Labor Laws

Many state and federal regulations govern the construction industry. The Occupational Safety and Health Administration regulates federal worker safety laws to minimize workplace injuries and fatalities. Employers must follow OSHA regulations and properly train their employees. Regular OSHA inspections check on an employer's compliance. Still, OSHA violations cause many construction accidents.

Florida does not have its own Occupational Safety and Health Administration (OSHA)-compliant plan, which means that Florida employers must follow federal construction safety regulations. In Florida, OHSA has an alliance with the state through the Safety Florida Consultation Program at the University of South Florida in Tampa. They are responsible for disseminating information about OSHA regulations in Florida.

Workers' Compensation Benefits for Construction Accident Victims

The purpose of worker's compensation law is to provide employees who are injured on the job with insurance coverage that will compensate them for lost wages, medical expenses, disability payments, other costs such as retraining. The injury must have occurred at the worksite or while performing work duties related to the employee's job.

Florida, like most states, also covers occupational diseases that arise during the course of employment. If workers' compensation covers your injury, then you will automatically be eligible for benefits regardless of whether you or your employer caused the injury.

Under the Florida worker's compensation system, an employee must report their injury to the employer within 30-days of the injury. The employer also has certain responsibilities. The injured person must see a qualified doctor to determine the nature and extent of the injury.

Once the injury is confirmed, the worker may qualify for benefits such as:

• Full coverage of medical care. All necessary medical costs related to the injury should be paid for in full, regardless of how long the injury lasts. The Workers' Compensation Board requires treatment by a pre-authorized doctor.
• Partial wage replacement. Workers receive a portion of their average weekly wage while they are recovering from their injuries.
• Disability benefits. Claimants who are totally or partially disabled can collect up to two-thirds of their average weekly wage until they can resume working. If employees can return to limited work, they may receive payment for the difference in their earning capacity.
• Death benefits. If the injured person dies from a compensable injury, their surviving spouse and children may receive benefits.

Liability in Florida Construction Site Accidents

Generally, under Florida's workers' compensation law, injured workers don't need to prove negligence on the part of an employer to receive workman's comp benefits. Injured workers, however, frequently call us for help in getting an uncooperative workers' comp insurance company to pay those benefits. This generally takes the place of directly suing an employer.

However, injured employees may file a third-party claim if their employer does not own the construction site where the injury took place. Construction accidents are very complex, and there may be several parties who may be liable for the injuries. It is important to identify all liable parties because they may have different insurance coverage available to help provide compensation for your losses.

Liable parties might include, but are not limited to:

• Property owners. In some cases, the injured person sues the owner of a construction site for negligence under the theory of premises liability. In general, a property owner is not liable for construction worker injuries, but property owners should limit the level of control exerted over a contractor as to the means and methods the contractor uses to accomplish its work. Property owners may also be liable to visitors, depending on the visitor's legal status. Typically, property owners must warn a visitor of known hazards. Property owners are generally not liable for trespasser injuries unless the owner harmed them intentionally. However, they must protect children from dangerous conditions, even if the children are trespassing.
• Machinery manufacturers. If someone is injured as a result of defectively manufactured construction site machinery, a court may hold the manufacturer, distributor, or others in the chain of distribution liable for damages.
• Chemical companies. When exposure to toxic substances at a construction site causes illness or injury, a court may hold the company, distributor, and/or retailer of the chemical liable for damages.
• Developers. Under certain circumstances, a property developer may contribute to liability for any injuries that occur on the property.

If you sustained an injury on a construction site and file a personal injury lawsuit, a court may award you the following damages related to your injury:

• Medical costs, including expenses for emergency room care, diagnostic tests, hospitalizations, doctor visits, surgeries, medications, and more
• Rehabilitative costs, such as physical therapy and assistive devices, such as mobility aids, cognitive aids, and modifications to the injured person's living situation
• Future medical costs, when an injury causes an ongoing health condition or permanent disability
• Lost wages
• Future wages when an injury debilitates a person to the extent that he or she cannot return to work

Non-economic costs, including pain and suffering, emotional anguish, humiliation, diminished quality of life, or loss of consortium.

Construction Accidents by the Numbers

According to the Associated General Contractors of America, more than seven-million construction workers are building about $1.3 trillion worth of structures each year. Construction is also essential to Bradenton's economy. The commercial building construction industry in our state has shown strong growth for five years, with an expected growth of 4.5 percent in the most recent year available.

However, construction work is demanding and dangerous. Workers are often injured. Work-related injuries affect one in every 50 workers. According to the U.S. Bureau of Labor Statistics, approximately 1,000 construction workers are killed in work-related events every year. Nationwide, the Occupational Safety and Health Administration (OSHA) reports that approximately one in five work-related fatalities in the country occur in the construction industry.

In our state, as elsewhere, the construction industry had a high rate of fatal injuries. The private construction sector had the largest number of fatalities in Florida, with 101, up from 75 from the previous year. The specialty trade contractors performing specific activities, such as pouring concrete, plumbing, and electrical work, accounted for 69 percent of the fatal injuries in this industry. Recently, a construction crane collapsed in downtown Bradenton, killing a construction worker.

Bradenton Construction Accident FAQ

Construction sites contain many potential dangers, from heavy equipment to unfinished construction that can be difficult to navigate. Often, those dangers can lead to substantial injuries for construction site accident victims. If you are suffering from injuries from a construction site accident, an experienced construction accident attorney from Dolman Law Group Accident Injury Lawyers, PA could answer questions that relate specifically to your claim.

Were You Injured in a Bradenton Construction Accident?

Construction accidents are complicated because they touch on many areas of the law, such as worker's compensation, personal injury, premises liability, and product liability. No matter what type of legal action you take, you will face specific and unforgiving deadlines for filing complicated paperwork, so take prompt action. If you or someone you love was injured in a construction accident, speak with our experienced Bradenton personal injury lawyers.

With offices across both Florida coasts, including Bradenton, you can easily reach Dolman Law Group Accident Injury Lawyers, PA Accident Injury Lawyers, for a free case evaluation at 833-552-7274 (833-55-CRASH) or our online contact page.

Bradenton Office
6703 14th Street West Suite 207
Bradenton, FL 34207
Phone: (941) 613-5747

Client Testimonial

“AMAZING and understanding attorneys! Did great on my case and I highly recommend Dolman Law Group Accident Injury Lawyers, PA for anyone that has been injured in an accident!"
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Koralis R.
Jan 2020
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