Florida Injury Lawyer Blog

It’s no secret that construction accidents are a major concern for the building industry. Across the country, as building projects heat up during the summer months, construction accidents are causing fractures, fatalities, burn injuries, head injuries, spinal cord injuries, and other disasters. Many of these injuries leave workers unable to return to work and create workers' compensation issues as well. Despite careful regulations and safety awareness, construction accidents still are a major concern.

This summer, many accidents have meant more focus on one specific piece of construction equipment: the crane. According to media reports, a larger-than-usual number of crane-related construction accidents have been occurring in New York, Miami and Las Vegas. In New York City, two crane accidents since March have resulted in nine fatalities. This is more than the total number of deaths that have been linked to cranes over the past ten years.

Crane regulations have by state and city and some areas have no regulations at all. Those areas with no regulations rely on federal crane guidelines that are nearly four decades old. Experts say that these regulations do not reflect the technological changes that have occurred in the industry. Some states do not have accurate figures about the number of cranes operating in the state and do not require training for workers who use the cranes.

In early 2008, Florida lawmakers considered and ultimately rejected a bill which would have imposed state-wide standards for Florida’s crane operators. That legislation was introduced after a crane accident killed two people in Miami. Despite support from the North Florida Associated Builders and Contractors, the legislation failed to pass. Now, the Association is noting that further crane accidents suggest the importance of Florida-wide crane regulations to reduce the number of construction accidents.

Industry experts claim that many crane accidents occur when tower frames are set up or dismantled. They claim that if operators are trained in the processes, the number of construction accidents involving cranes could drop. With downtown Miami undergoing more than $6 billion worth of ongoing construction projects in the commercial building industry alone, there is obviously some concern about crane safety.

While many contractors supported the bill, some contractors and crane owners claimed that the legislation could put them out of business. Some policymakers agreed. Another controversy surrounding the bill was whether counties would be given the right to adopt tougher standards than the Florida-wide established guidelines. Many in the construction industry claimed that counties should have this ability, since conditions in each of Florida’s counties vary, and each county may have different risks. However, others claim that individual county rules would make work much harder for contractors and would cost crane owners some jobs.

Florida construction jobs can be highly satisfying. Construction professionals help build roads, buildings, and other infrastructures that Florida residents use every day. It can be very satisfying for these workers to see blueprints and plans turn into real buildings and real structures that people can use and enjoy. However, while the construction industry is highly useful, it can also be dangerous for its workers. The nature of construction work is risky, and fatalities and injuries do occur every year.

OSHA (Occupational Safety and Health Administration) law necessitates that employees are provided with a workplace that is free from hazards and is generally safe. However, despite the law, OSHA reports that each year 1000 construction workers die in workplace accidents while another 250 000 construction workers suffer injuries. Construction accidents across the US cost the construction industry $13 billion in worker’s compensation alone. This figure does not reflect the medical bills, lost productivity, pain and suffering, and legal costs that these accidents incur. According to OSHA, up to 90% of construction accident fatalities occur as a result of falls, electrocution, or workers being struck by objects. OSHA classifies these accidents as highly preventable.

Florida construction workers can stay safer on the job by:

1) Learning about and taking part in training programs. Your union, safety society, and employer all generally provide safety training programs that help you learn about safety rules, regulations and laws, and equipment. These courses can help you understand all that you can do in order to prevent slip and fall accidents on work sites, and other common accidents. These courses are an excellent investment of your time.

2) Learning about your equipment. Equipment on construction sites changes every few years, so if it has been some time since you have learned about new equipment or have taken training courses, this might be a good time to retrain yourself. Some employers even provide scholarships or assistance with funding so that you can return to classes and become an even better employee.

3) Using the rights protective equipment at all times. Even for a short job or a quick project, the right personal protective garments can help you prevent brain injury as well as many other personal injuries.

4) Following the rules. Observe the regulations of the construction site as well as the safety rules you've been taught. If you’re fuzzy about the rules and regulations, ask or learn them before returning to work.

5) Securing heavy loads promptly. When dealing with heavy loads, make sure that they are correctly loaded, tagged, and secured immediately. This will help prevent accidents caused by an oversight. You don’t want to wait to secure a load only to forget.

Continue reading "How Florida Construction Workers Can Stay Safer on the Job" »

Construction accidents, by their very nature, tend to be quite serious. Since in many cases heavy equipment and high voltage are involved, fatalities, serious burn injuries, falls, and spinal cord injuries are unfortunately very common in these sorts of accidents. One of the most common causes on industrial and construction zone accidents is speeding. Many fatalities and injuries occur when drivers speed through a work zone. When driving through a construction zone slow down and avoid any distractions such as cell phones or music. This allows you to react to sudden problems and road sign changes.

Even if you are careful and a construction accident does happen, there are many things you can do to ensure that injuries are kept to a minimum:

1) Immediately alert the supervisor and other workers of an accident. Some workers avoid reporting small problems, but this can be a problem, especially if that minor injury turns out to be a bigger ailment later on. Even a small injury can have long-term consequences, so always report it.

2) Get medical help for the injured person at once. Even if the injury seems minor, take the injured worker to a doctor right away. If it is possible that the injury is more serious, call 911. Do not take chances, but call emergency personnel if there is any possibility that the injury might be serious.

3) Do not move the injured party unless given instructions to do so by a qualified professional. In the event of a spinal cord injury or burn injury, you can cause more damage by moving the victim. Call 911 and follow the directions provided over the phone to the letter. If you can, remove any immediate dangers to the victim, such as nearby power sources or heavy objects. Stop traffic in the area and provide a clear space so that emergency personnel can approach.

4) Take down as many details as you can. Take pictures and write down the numbers and names of any witnesses present. This proof can be very valuable in the event of a worker’s compensation claim or in the event of a dispute about what happened.

5) File an official report with the employer and with worker’s compensation. In most cases, it is what is actually written down in the report and the claim that will determine whether you will qualify for worker’s compensation or not.

In Florida and across the country, brain injuries occur every day. As a result of slip and fall accidents, car accidents, construction accidents, industrial accidents, and other types of unfortunate events, brain injuries affect thousands of victims every year. Just as each individual is different, so too, the ways that the brain reacts to injury vary. In general, brain injuries can be divided into various types:

*Traumatic brain injuries. These types of injuries occur when an outside force impacts the head in such a powerful way that the brain moves within the skull. Since the brain is made up of soft tissue, when the brain impacts against the inside of the skull, damage can occur. In addition, traumatic brain injury can also occur when an outside force impacts the head strongly enough to crack the skull and directly injure the brain. These types of brain injuries are often the result of physical violence, firearms, car accidents, falls, and other serious injuries.

*Shaken baby syndrome. In this type of brain injury, the head is shaken so hard that the brain moves rapidly back and forth, damaging brain tissue and ripping apart the fibers. Although physical violence is most often the cause, adults can get this injury too, often as a result of violence or car accidents. This type of injury is also considered a traumatic brain injury.

*Diffuse Axonal Injury. This type of brain injury is also caused by strong shaking of the head, either through violence or through a car accident. In a Diffuse Axonal Injury occurs because the brain and the skull do not move together (the brain stays still or lags in movement as the skull moves) and this causes some brain structures – including nerve tissue -- to tear.

*Concussion. This is the most common kind of brain injury and can occur with a direct blow to the head, violent shaking, a gunshot wound, or from whiplash. A concussion can lead to stretched blood vessels and cranial nerve damage.

*Contusion. This type of injury occurs when a bruise (or bleeding) forms on the brain. Usually, this is caused by a direct impact to the head. If a contusion is large, surgery may be needed to remove it.

*Coup-Contrecoup Injury. This type of injury is essentially a contusion which occurs on both the site where the impact occurred and on the opposite side of the brain. This type of injury occurs when a direct impact is so severe that the brain hits the skull on the site of impact and then slaps against the opposite side of the skull, causing two sites of bruising.

*Second Impact Syndrome. Also known as "Recurrent Traumatic Brain Injury," this type of injury occurs when someone incurs another brain injury before the first has had time to heal. Even if the second injury is less severe, it can lead to widespread damage because the brain is already injured and therefore more vulnerable. Recurrent Traumatic Brain Injury is a medical emergency, even if the injury does not seem severe, because a victim can die quite suddenly from this type of injury.

*Penetration Injury. As the name suggests, this injury occurs when a sharp object pierces the skull and impacts the brain.

*Anoxic Brain Injury. This type of injury occurs when the brain’s supply of oxygen is cut off, and the cells which need oxygen to function and survive are affected.

*Hypoxic Brain Injury. This type of brain injury occurs when not enough oxygen reaches the brain so that cells can function properly.

If you or a loved one have sustained a brain injury, it is important to speak to a Florida attorney. In cases where someone’s negligence has caused the injury or worsened it, Florida law protects you and ensures that you are eligible to receive help so that you can afford the best treatment possible. If you need to speak to an attorney, you can enjoy a free, no-obligation consultation with a qualified Florida attorney simply by calling 1- 800-535-2962 (1 800 5 FLAXMAN)

In our last post, we discussed electrical construction accidents, which kill many workers in Florida – and in fact, across the country – each year. Today, we would like to offer some tips for avoiding these common accidents:

*Protect yourself from contact with power lines when on construction sites. Look for signs and indicators of buried power lines and look for overhead lines when working. Contact utility companies before doing any digging in order to affirm the locations of buried power lines. Proximity to overhead power lines can increase the odds of workplace accidents, so always stay at least 10 feet away from these lines. Always assume that overhead lines are energized, unless you can definitively prove otherwise. Always use non-conductive wood or fiberglass ladders if you will be working near power lines; these pieces of equipment can help you prevent a serious construction accident. When working near or with power lines, follow proper procedures. Depending on the situation, lines may need to be insulated, guarded, grounded, or de-energized.

*Make sure that the power supply to the electrical equipment at a construction site is grounded properly and in used in correct conditions. Make sure that all power supply systems, electrical circuits, and electrical equipment is correctly grounded and conduct regular electrical systems inspections to insure that the path to ground is not broken in any way. Before each use of electrical equipment, look at the equipment and refuse to use it if it appears faulty or damaged. Remove all damaged electrical equipment from use/
Only use double-insulated tools at a construction site.

*Ensure that all equipment is used correctly. Only use only equipment that meets OSHA
Standards and be sure to follow the manufacturer's instructions when using the equipment. Ignoring manufacturer’s instructions can invalidate warranties and can lead to serious injuries. Be especially careful about cords – never use them incorrectly and never alter them. Some construction sites use equipment that has been custom made or has been altered or repaired. Be sure that all such equipment on your construction site is in OSHA compliance.

Of course, even with these precautions, Florida construction workers are only as safe as their equipment and management teams. When those in charge do not provide safe working environments and when equipment and tool manufacturers do not provide safe products, injuries can still occur. Electrical construction accidents can be very serious, and Florida construction workers each year suffer from burn injuries, falls, and even death as a result of unsafe conditions or equipment. Everyone has a responsibility to keep construction sites safe.

Continue reading "Helping Avoid Florida Construction Accidents" »

Construction sites pose a number of hazards and according to statistics, each day at least one person in this country is injured on a construction site. Both small construction sites and large building projects can be dangerous and can be the scene of accidents. Although construction accidents can include everything from roof falls, crane accidents, ladder falls, trench collapses, fires, explosions, vehicle accidents, compressed gases accidents, welding accidents, scaffolding accidents, heavy equipment accidents, to lifting equipment failure, one of the more common sources of construction and industrial accidents can seem innocuous. Something as simple as electricity causes a large percentage of all accidents on industrial sites.

Electricity is often essential to power a construction site. In addition, virtually all buildings and construction sites require the installation of electricity at some point, meaning that most sites include exposed wires at some point. Many construction sites also include work in high area or on tall equipment, creating the very real danger of contact with power lines. Many construction accidents linked to electricity are caused by power line contact, inadequate ground-fault protection, inadequate path to ground, and improper use of equipment and cords.

Buried and overhead electrical power lines can cause falls, death, and burn injuries. Many power lines carry very high voltage and many workers at construction sites use equipment or tools – including raised truck beds, scaffolds, metal ladders, cranes, long-handled cement finishing floats, metal building materials, aluminum paint rollers, backhoes, and concrete pumpers – which can bring workers into contact with power lines and can even conduct electricity.

The ground is discontinuous or absent in wiring or electrical equipment, a worker may be electrocuted. Ground can be disrupted by rough treatment of equipment, by faulty equipment, or even by extreme conditions. When this happens, fault current can travel through a worker’s body, causing burns and even death.

Site management is responsible for ensuring that equipment is used correctly and manufacturers are responsible for ensuring that their equipment meets safety standards. Even simple equipment such as extension cords can cause electrocution, burns, falls, and other perils when used incorrectly. Seemingly safe equipment can become fatal to workers if not used properly or when it is not kept in good repair.

Continue reading "Florida Construction Accidents Often Caused by Electricity " »

Thursday, February 1, 2007, saw a construction accident that left three workers injured and more than 18 000 customers without power in the Florida Panhandle. During the afternoon, three workers were working on rolling metal scaffolding. The scaffolding rolled into a live 115,000-volt power transmission line. The line links a power plant and substations.

The three workers have not yet been identified, but it has been reported that all three were airlifted to the University of South Alabama and to a Pensacola hospital for emergency treatment. The condition of the workers is not known, but all customers who lost power as a result of the outage had power restored by 6:20pm the same day, say officials.

Construction accidents like the above do not always make the news, but they can be very serious. Sadly, many accidents prove to be preventable. According to a 2001 article written by David B. Rosenbaum, some construction sites have greatly smaller instances of accident and injury than others. Rosenbaum concludes that projects where safety was a priority had far fewer accidents than other sites. When safety was listed as a budget item, when managers took a personal look into accident and injury complaints, and when anonymous tipping about unsafe behaviour was encouraged, accident instances dropped dramatically. The construction sites that saw the least accidents had a few things in common:

*No more than 50 workers assigned to each safety professional
*Subcontractors were requested to submit safety plans for each site specifically
*Every employee received a minimum of four hours of safety planning each month
*There was a formal safety plan in place
*Everyone – employees, managers, and subcontractors – were involved in the safety process
*Risks were anticipated and minimized ahead of time

Continue reading "Construction Accident Injures Florida Workers and Causes Power Outage" »