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Construction Industry Ranks as Most Dangerous
Construction is a deadly industry, with millions of workers doing a variety of often dangerous jobs. Injury is common and an injured worker, or family will face an uphill battle to recover damages.
August 13, 2009 /Human Resources PR News/ -- Construction Industry Ranks as Most Dangerous
Article provided by The Law Offices of Mark Kaire, P.A.
Visit us at www.kairelaw.com
According to the U.S. Department of Labor, construction is the deadliest industry in America. Over six million people work at over 250,000 construction sites, doing a variety of often dangerous jobs. Many times those jobs require workers to perform tasks at great heights, or in narrow, deep trenches, work with electricity or operate powerful, dangerous equipment. It's estimated that over 1,000 construction workers will die in on-site mishaps this year, with many thousands more injured.
In 2007, nearly 1,200 construction workers died because of job-related injuries; truck-driving was the second deadliest occupation with 500-plus fatalities.
The 10 factors cited most often in construction citations issued by the Occupational Safety and Health Administration:
1. Scaffolding
2. Fall protection
3. Excavations
4. Ladders
5. Head protection
6. Excavations (requirements for protective systems)
7. Hazard communication
8. Fall protection (training requirements)
9. Construction (general safety and health provisions)
10. Electrical (wiring methods, design and protection)
It is estimated that approximately 23 out of every 100,000 construction workers dies in a work-related accident.
In a 2006 Bureau of Labor report, Florida accounted for almost one in every 10 work-related fatality. Last year, attention from around the world focused on a series of crane collapses on construction sites in New York City and Miami.
The Miami tragedy took two lives of construction workers and left five others with injuries when a 20-foot-long section of a crane plummeted 30 stories at a high-rise condominium project. It came just 10 days after a New York crane accident killed seven people.
An injured worker, or worse a deceased worker's family will face an uphill battle in trying to recover tort damages from the employer and/or sub-contractors responsible for the injury.
For example, In Florida, the Workers Compensation system limits the damages recoverable to a percentage of the injured worker's salary, and to payment of medical bills. The Workers Compensation Law does not allow for the recovery of Pain and Suffering Damages or for the loss of future earning capacity. In order to recover these critical damages, the injured worker must show that a subcontractor was negligent in causing the accident or that his/her employer committed an intentional tort. An employer's actions shall be deemed to constitute an intentional tort when the employee proves:
1. The employer deliberately intended to injure the employee; or
2. The employer engaged in conduct that the employer knew, based on prior similar accidents or on explicit warnings specifically identifying a known danger was virtually certain to result in injury or death to the employee, and the employee was not aware of the risk because the danger was not apparent and the employer deliberately concealed or misrepresented the danger so as to prevent the employee from exercising informed judgment about whether to perform the work.
Thus, it is critical to obtain competent representation at the early stages following an accident. The lawyer must immediately investigate the accident and secure witness statements before stories change and/or witness relocate to different jobsites.
Article provided by The Law Offices of Mark Kaire, P.A.
Visit us at www.kairelaw.com
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