Falls
In the construction industry, falls are the leading causes of injuries to construction workers. Many cases involving construction worker fall injuries are governed by the worker’s compensation system. Often times, however, the employer does not have worker’s compensation coverage and are considered a “non subscriber.” These cases can actually be more valuable in terms of a potential recovery. Additionally, some fall cases may involve third parties, such as the manufacturer of a product, or another vendor on the job site, who may also be liable. Most construction sites are legally complex, with multiple products being used, and multiple vendors doing deliveries, and other work on the job site. There is often no simple answer as to who is responsible for a worker’s fall, but it is important to consult with an experienced attorney right away – especially when the injuries are serious.
Employer’s Duty
According to the Occupational Safety and Health Administration (OSHA), employers have a duty to provide a safe workplace. So, a violation of OSHA regulations will likely be considered a breach of the employer’s duty of care to the employee.
To prevail in a personal injury case involving a fall, the employer must have had a duty to provide a safe working environment, which can include safe and operational equipment for the worker’s use. While laws vary from state to state, it is generally established that any party that provides or maintains equipment such as ladders, scaffolding, or fall protection equipment has a duty to ensure that it is safe for the use of workers. Personal Injury Lawyer Stewart Guss has handled many high profile and serious construction worker accidents involving the lack of use of, or failure of scaffolding and other safety equipment.
Consulting with an experienced construction accident attorney can help you determine the benefits you are entitled to and the best way to get them.
When other Houston construction accident lawyers are giving up, Stewart is usually just getting started. Stewart Guss will do whatever it takes to get you fully compensated for your injuries, and he takes pride in treating his clients like family. Pick up the phone and call 713-766-5883 to talk to us about your construction accident. Remember, your consultation is FREE, and you pay NOTHING until we win your case.
Sources
- http://www.alllaw.com/articles/nolo/workers-compensation/liability-construction-worker-injured-fall.html
- http://www.alllaw.com/resources/personal-injury/work-related-injuries
- http://www.alllaw.com/articles/nolo/personal-injury/damages.html
