Practically no one expects to get hurt at work; the perception is that is what happens to other people. But, you may find someday that it happens to you. If you are injured at work there are some things you need to understand. First, work place injuries can happen in two ways under California law. First, an injury can be termed "specific" in nature; for example, when a person is injured falling off of a ladder that is a specific injury. Alternatively, an injury may develop over time; such an injury is referred to as a cumulative trauma injury. For example, a beverage delivery truck driver who moves heavy kegs over and over for a long period of time might develop cumulative trauma to his/her low back or some other body part from the repeated heavy lifting. Often, such claims reveal themselves through chronic pain which does not stem from a particular injury event.
The Sacramento Bee reports that a Southern California Edison contractor has died in a construction accident. According to reports, the man was working at a construction site in West Hollywood when he was crushed between a construction crane and a trailer. He had been employed by Edison to perform electrical work in connection with the building of a large hotel and residential complex on the Sunset Strip. California OSHA is conducting an investigation of the accident.
This is the second fatal construction accident in Los Angeles in less than a week. Just a few days earlier, a construction worker died on his second day on the job after falling from the 53rd floor of the Wilshire Grand Center tower.
Incidents such as these - falls from building and "being caught in-between" represent a large percentage of worker injuries and deaths. Other often cited causes of serious personal injuries and deaths at construction sites include workers being struck by objects and electrocutions.
Perhaps not surprisingly, according to the Occupational Safety and Health Administration (OSHA) the top three federal safety violations at construction sites include failing to adequately protect workers from falls, poor communication with workers about hazards, and safety lapses on scaffolding.
Where a general contractor/owner of a site creates an unreasonably hazardous condition at a work site, and a worker is injured, it is important to seek the advice of an experienced California construction accident attorney who can advise you concerning your rights. While in most situations, it may be possible to obtain California workers compensation benefits, you may also be able to bring a lawsuit for civil damages. By filing a civil lawsuit, you may be able to recover greater compensation than is provided for by workers compensation laws. Important deadlines must be complied with or compensation may be denied. A skilled personal injury lawyer can explore your options and help you determine the best options for recovery in your circumstance.
For more information, please contact the dedicated Oakland construction accident lawyers at Butler Viadro, LLP for an immediate consultation.
In the last week, the Occupational Safety and Health Administration (OSHA) reported 3 three fatal construction accidents. One accident involved a crane operator who was killed while working at a highway construction site. In a separate incident, two men lost their lives when a strap holding a 10,000-pound generator attached to a crane broke, and dropped the generator on the workers below. In a third, a construction worker was seriously injured when he was thrown from the bulldozer he was operating and hit by the machine.
Many people are only vaguely aware that the workers compensation system in California even exists. Often, they only become aware of it after they suffer an injury. It is a little known fact among workers, even union workers, that you can pre-designate who you want to treat you before you are injured. Doing so can be your best protection in the event that you are hurt. You need to get the agreement of the doctor that he or she will serve as your primary treating doctor if you get hurt at work. If you do not do this in advance and advise your employer in writing that you are predesignating a doctor in the event of a workplace injury, you will often be required to be treated by a doctor off a list selected by your employer-a company doctor.
Workers in the recycling industry in California and around the country are twice as likely as other American workers to be injured on the job. While some of these injuries may require only minor treatment, many others are far more serious in nature. A report released on June 23 reveals that 17 recycling workers were killed in workplace accidents between 2011 and 2013, and researchers from the University of Illinois were joined by environmental and safety experts to see what could be done to reduce this number.
Health care workers, especially nurses, in California and throughout the country will receive additional resources and support from the Occupational Safety and Health Administration. To address workplace injuries in the health care industry, which experiences a higher rate of reported injuries than any other general industry in the United States, OSHA announced that it intends to expand its National Emphasis Program on Nursing and Residential Care Facilities.
Many workers in California are exposed to the risk of animal or insect bites as a result of their occupations. In outdoor working environments especially, animals and insects may pose threats to workers. Employers should carefully identify all potential threats so the risks can be minimized.
As some California employers may know, it is important to keep the workplace safe and provide care for injured employees. It is also mandatory for employers who have a certain number of workers to provide workers' compensation insurance. The Occupational Safety and Health Act provides guidance on how this should be done.
The difficulties faced by injured workers in California and throughout the country are highlighted in a new report from the Department of Labor. The report calls the workers' compensation system inadequate and estimates that only 21 percent of medical costs and lost wages are paid by workers' compensation. Workers are left trying to pay for the rest while making ends meet.