Employer Immunity

When a worker is injured on the job, they can file a workers’ compensation claim. This claim is unlike a personal injury lawsuit. It doesn’t matter if their employer was negligent or caused the injury at all. The worker only needs to show that the injury occurred on the job. In other words, it’s no-fault system albeit with some caveats. Workers’ comp, in turn, pays for medical expenses, lost wages, and if the worker is no longer able to continue at their job, long-term disability benefits are available as well as an option to seek training in a new vocation.

In exchange for this no-fault system, employers are given immunity from negligence or liability claims. In other words, you cannot sue your employer for negligence or liability, except under the most egregious of circumstances so long as your employer carries workers’ compensation insurance. You can also not pursue pain and suffering as damages against your employer.

Dangerous Instrumentality Doctrine

Dangerous instrumentality doctrine most frequently applies to drivers. For instance, let’s say you allow someone to use your car and they get into an accident. Who is liable for the damages? You may be quick to assume they are but don’t be so sure. Under the dangerous instrumentality doctrine, the individual who owns the vehicle is responsible for the accident since they allowed another driver to use it.

Initially, these lawsuits centered on industrial machinery. In the case that pitted employer immunity against dangerous instrumentality doctrine, it did as well.

Supreme Court Rules in Favor of Worker

Since the worker was an independent contractor in this case, he was not covered by any employer’s workers’ compensation. When he lost his finger on the job, he was working for C&J Bobcat and Hauling LLC. A fellow worker had leased a loader from Caterpillar Financial Services Corp. In the use of this loader, the worker dumped a tree stump into the trailer. Unfortunately for the plaintiff, he was in the trailer at the time. As a result, his finger was severed.

It’s unclear if the plaintiff filed a workers compensation claim with his own company, but since Caterpillar rented the machine to the worker, dangerous instrumentality doctrine holds them liable under the law. This is despite the fact that it was actually his fellow employee who is most directly responsible for the plaintiff’s injury.

Talk to a Miami Personal Injury Attorney Today

The Miami office of Alan Goldfarb P.A. has recovered millions of dollars in damages for our clients. If you have injured by another’s negligence (or by a dangerous instrumentality) we can help you recover damages. Give us a call or contact us online to set up an appointment.

Resource:

legalnewsline.com/stories/511585641-supreme-court-of-florida-rules-loaders-are-dangerous-instrumentalities-in-case-over-man-s-severed-finger

Dangers Of Construction Work

Construction work of any type is inherently dangerous work; in fact, according to statistics, over twenty percent of all fatalities suffered by workers in the course of their employment are in the construction industry. A significant percentage of workers in the construction industry are contractors and, coincidentally, a high percentage of all worker deaths are among contractors. It is not difficult to understand why construction work is so dangerous and why the rates of fatalities and injuries alike would be so high in this industry; indeed, working with heavy equipment, performing heavy manual labor, often in dangerous and precarious work environments is almost a recipe for disaster.

Options For Recovery From A Workplace Incident

For those injured on construction sites, workers compensation is often not a sufficient or complete solution. For those who have suffered injury, speaking with an attorney experienced in construction accidents is an important first step in determining the best way to proceed to obtain the compensation you are entitled to receive. If your accident was the result of negligence, there may be more than one party who is at fault, and a careful assessment of your accident case is necessary to determine from whom compensation should be sought. In the case of a workplace death, a wrongful death action may be appropriate to help the survivors cope with the financial impact of their loss. As is the case with so many different types of complex and complicated legal matters, looking at all of your options first, and then making a decision about how to proceed, can make the difference in the outcome of your case – whether it is a personal injury or wrongful death matter.

Alan Goldfarb, P.A. –  Help For Your Construction Site Accident Case

If you or a loved one have been injured or killed as a result of a workplace accident, the attorneys at Alan Goldfarb, P.A. can help. You are entitled to compensation for your losses, and our experienced Miami attorneys will review your case with you to determine a case strategy to get the best possible results for you.  Important legal matters demand that you have the best working on your side; don’t settle for less than you deserve. Contact us now to schedule your initial consultation at no cost or obligation to you.

Resources:

google.com/amp/wsvn.com/news/local/1-construction-worker-dead-1-injured-after-metromover-crash-in-miami/amp/

osha.gov/oshstats/commonstats.html

The Fatal Four

Construction work is inherently dangerous; in fact, one out of every five deaths suffered by workers claims the life of someone in the construction industry. Out of all the types of fatal accidents, falls are one of the most common causes of death among construction contractors. In 2014, this category alone accounted for seventeen percent of all fatalities among all workers. Falls are one of the four categories that make up what is known as the Fatal Four, which lead to more than sixty percent of all construction worker deaths. Besides falls, electrocutions, being struck by an object, and being caught in or between something round out the top four categories of construction worker deaths.

Scaffolding Statistics

Working on scaffolding is a common activity in the construction industry, and well over half of all construction workers find themselves performing this kind of activity as a regular part of their workday. Preventing accidents associated with this activity by providing better training or safer work conditions would doubtlessly save thousands of injuries and needless deaths. In many, if not most, workplace accidents that occur while working on scaffolding, the worker is injured either as a result of the scaffolding support giving out, after slipping from the scaffolding, or by a falling object striking them.

Workers’ Compensation, Personal Injury Matter, Or Wrongful Death Action?

While employers are required to provide workers’ compensation to those injured on the job while performing their job functions, this may not be the best option for those who have themselves suffered a workplace accident or who have lost a loved one in this manner. Depending upon the circumstances of your case, you may be able to achieve a better result by filing a lawsuit for personal injury or pursuing a wrongful death action. Speaking with an attorney experienced in construction accidents is the best way to know all of your options and which is best for you.

Have You Been Injured In A Construction Accident? Contact Alan Goldfarb, P.A.

If you or a loved one has been injured in a construction site accident, you are entitled to receive compensation for your injuries. Whether you need money for your medical bills, to replace wages from lost time from work, or even for pain and suffering stemming from the accident, the legal professionals at the office of Alan Goldfarb, P.A. can help you to receive everything you are entitled to. Our Miami attorneys will work with you to review the facts of your case and help you decide the best way to work towards getting the best possible results. Contact us now to set up your initial consultation today.

Resources:

osha.gov/SLTC/scaffolding/construction.html

osha.gov/oshstats/commonstats.html

local10.com/news/construction-worker-falls-off-scaffolding-at-south-beach-condo

One man lost his life and several others were injured as a result of a construction scaffolding accident in downtown Miami one recent afternoon. Reports indicate that the scaffolding fell from a high-rise building that was undergoing construction and struck several individuals including a few bystanders, two construction workers, and a woman on the street who became trapped in her vehicle. None of these injuries were life-threatening, but a man who was attempting to run from the falling debris suffered a heart attack and died. As a result of this tragic incident, the construction company and officials alike are trying to determine what happened.

The Aftermath

Regardless of how this accident happened, those who were injured, and their loved ones, are entitled to compensation for their losses. Determining the cause, however, will be a necessary part of determining the outcome of any lawsuits for personal injury that may be filed by the victims. As with many construction site accidents, there may be more than one party found liable for the chain of events leading up to its occurrence. For certain victims, the concept of negligence – whether there was any negligence on the part of any specific party – could affect how a victim may decide to proceed with his or her case. The construction workers who were injured may have a claim for workers’ compensation, in which the company is liable for losses suffered by workers through the course of performing their job duties. Additionally, workers’ compensation provides coverage to the survivors of an employee who is killed as a result of a workplace accident. However, the bystanders who suffered injuries would not have the same options as the workers, as workers’ compensation would not be applicable to their cases. Instead, they may have to pursue legal options based on theories of negligence; in the case of the death of a bystander, the surviving family members may have the option of filing a wrongful death action.

The Importance Of Sound Legal Advice

As one can see, your options for filing a lawsuit after being injured in an accident can be affected by a variety of factors and each victim in an accident may have different options depending upon their individual circumstances, including their relationship to any parties found to have liability for the accident’s occurrence. For this reason, seeking out the advice of an experienced legal professional who can help you understand your options and how best to proceed is the best first step you can take when injured in an accident.

Need Help Regarding A Construction Site Accident?

If you or a loved one has been injured in a construction site accident, contact the legal professionals at the office of Alan Goldfarb, P.A. We can help you by analyzing your case and providing guidance about the best way to proceed based on the factors present in your case.  Our attorneys will help you to understand what rights you may have and how the courts will handle your lawsuit. Do not let your opportunity to obtain the best possible recovery pass you by. Our Miami construction site accident attorneys will work with you to ensure your confidence in our ability to help you get the best results. Contact us today to schedule your consultation at no obligation to you.

Resource:

abcnews.go.com/US/wireStory/officials-scaffolding-falls-street-miami-high-rise-42922111

Not Your Typical Workplace Accident

Though this incident occurred while the construction worker was on the jobsite, it is much different from the typical types of construction site accidents that injure workers. Construction work is one of the most dangerous types of work, and each year a significant percentage of workplace injuries are suffered in the construction field. The possibilities for accidents and injuries in this line of work are nearly endless; working around heavy equipment, on uneven surfaces, in precarious situations – it does not take much for an accident to happen and injury to strike. The most common types of accidents that occur in the construction industry fall into a wide range of categories but, according to the United States Department of Labor Occupational Safety and Health Administration (OSHA), more than sixty percent of all construction worker deaths were the result of the Fatal Four:

• Falls – Accidents involving falls due to uneven work surfaces, human error, or not using the proper safety equipment are the cause of the highest numbers of construction site deaths. Falling from heights off scaffolding or ladders presents a frequent accident scenario that can cause severe injury or death.
• Electrocutions – Workers often work on sites that are in all stages of construction and frequently need to exercise care around live wires and power sources.
• Struck by objects – Whether from equipment, objects falling from scaffolding or ladders overhead, or errant construction materials, workers are constantly in potential harm’s way just in the course of doing their job.
• Stuck in between – Workers face the risk of falling into collapsed trenches or being caught in or compressed by equipment, any of which can cause catastrophic injuries.

OSHA states that many of these types of accidents could be avoided with stricter adherence to safety standards and that hundreds of lives could be saved each year by eliminating these Fatal Four.

Legal Help With Construction Site Accidents

When accidents occur at the workplace, the office Alan Goldfarb, P.A. is ready to help. Our Miami construction accident attorneys have helped victims just like you recover for their losses and we are ready to help you do the same. You have rights under the law when you have been injured on the job, but you must take action quickly to protect those rights and pursue the relief you are entitled to receive. Do not delay – contact us now to allow us to help you get started today on the road to recovery.

Construction Accidents

Electricians, carpenters, equipment operators, concrete experts, and construction specialist jobs are available in south Florida. These demanding jobs are often passed over by the young people that might be best suited for the job. Young people may also be less susceptible to some work-related injuries that may occur on construction sites, although many accidents can be difficult to avoid no matter the worker’s age or fitness level. The Occupational Safety and Health Administration is tasked with the responsibility of creating and enforcing rules in this industry, setting the requirements for training, supervision and safety protocols. Even when every rule is followed, accidents still happen.

Equipment Failures

Equipment failures are among the more concerning of construction accidents because they cannot be controlled by human operation. Given the sheer size, weight, and force of a piece of construction equipment, the slightest slip could be deadly. A scaffolding may collapse, injuring not only those that were standing on it but innocent workers and passersby below. Power tools may not work correctly. Machinery and cranes may malfunction or tip over. Any one of these incidents may cause serious injury to those around the workers and the workers themselves.

Falls and Traffic Accidents

Falls are also common construction accidents that are difficult to prevent that can lead to serious injury or death. Failing to pick up equipment or tools, miscommunication, or even strong winds may cause a worker to trip or fall. Add construction employees working near busy roadways in addition to the already present dangers of a construction site and the danger to the worker is multiplied. There is a reason why Florida patrols will double a fine for speeding in a construction zone to keep worker safety a priority.

Florida Construction Accident Lawyers

If you or anyone you know has been injured or killed in a construction-related accident, you and your family may be entitled to compensation. In cases involving serious injury, you may be entitled to receive compensation for your medical expenses and pain and suffering. If the worker died, remaining family may be entitled to recover in a wrongful death action, granting them compensation for the loss of financial and familial support, in addition to funeral expenses. Regardless of the nature of the injury, our experienced construction accident lawyers at Alan Goldfarb, P.A. have the expertise necessary to effectively evaluate, litigate, and reach a resolution for you and your loved ones. Contact our Miami, Florida office toll free at 866-936-9761 to learn more about your legal rights.

Failure to ensure state and federal laws and other safety regulations are complied with may cause serious injury at a work site. In 2012, 55 of 209 reported work-related deaths in Florida were the result of construction-work accidents. Nearly half of the 209 deaths were transportation-related; the others involved falls, slips, or contact with dangerous equipment.

Certain state and federal regulations such as the Occupational Safety and Health Administration (OSHA) aim to protect workers’ rights and safety. Private organizations such as Safety Alliance for Excellence also strive to maintain workplace safety in Florida. The Safety Alliance points to inexperience, disorganization, and lack of communication as some of the predominant reasons for construction-related accidents in Florida. Regardless of how careful a worker is, they cannot control the actions of those around them, or the safety of their equipment.

Construction Accidents and You

If you or someone you know has been involved in a construction accident or any work-related accident, you may be entitled to compensation for your injuries and financial losses. The first thing to do if you are in a work-related accident is to report it to your employer immediately. You may be entitled to workers’ compensation benefits – a type of insurance that most employers are required to have to ensure the safety of their employees. This type of insurance may pay up to two-thirds of your salary in the event you are severely injured at work. This type of insurance has strict reporting requirements and may even require you to visit certain doctors before benefits can be paid out to you and your family. Your individual workplace may have additional requirements besides those mandated by state and federal law.

If the injury was due to your employer’s failure to take adequate safety precautions or if there was a defective piece of equipment provided by a manufacturer, it may be a better legal option to bring suit against them for negligence. This type of action would be against your employer or supervisors directly, or even the companies that put you in the position to use defective equipment. This is one of many legal options you may pursue in the event of a workplace injury.

There are many legal remedies an injured employee has and many avenues such a person can take. Speaking to knowledgeable attorneys in the construction injury area of law can greatly improve your chances of recovery, increase the amount of your monetary award, and ensure you have nothing to worry about except getting back on your feet. Our experienced Miami work injury lawyers have nearly half a century of experience in dealing with OSHA safety violations, product defects, and negligence at the workplace. At Alan Goldfarb, P.A. you can rest assured that you have experience and passion on your side, and that we will work hard to get you the best possible result. Do not hesitate to contact our Miami-based offices today to learn more about your legal rights if you have been in a work-related accident.