Florida Accident Attorney Blog

Some jobs in Florida and around the U.S. put workers at greater risk for injury and death than others. The most obvious is construction work -- including jobs performed by roofers, builders, carpenters, iron workers, welders, electricians, plumbers, and others -- where serious accidents involving heavy machinery and vehicles, falling objects, and slip and fall accidents from roofs and scaffolding can have devastating consequences.

But a new U.S. Labor Department report reveals that some people are at higher risk for injury on their jobs -- occupations one wouldn't automatically think of as "dangerous." The report is based on 2009 data for non-fatal occupational injuries. Workers at higher risk than average for injury on the job include…

• Housekeeping workers and tree trimmers, who are prone to injuries from constant repetitive motions with the equipment they use on the job


• Bus drivers, whose backs, necks, and spines are constantly jostled from the bumpy rides of transit vehicles


• Health care workers, including nurses, aides, and attendants, as well as paramedics, who may become injured from lifting or moving patients, or in some medical jobs, from needle sticks


• Dental hygienists, who find themselves leaning over in the same position as they work to clean people's teeth


• White collar workers with desk jobs are at risk for injury such as carpal tunnel syndrome and chronic back pain, if they're sitting at a desk and typing away on a computer all day and not taking breaks and stretching.

Miami Dade County work accident lawyers may offer guidance to employees who think they've been injured on the job in Florida. It's important to consult an experienced South Florida workers compensation attorney before filing a claim, as the insurance system can be very confusing for injured workers who try to go it on their own. Florida workers' compensation claims may best be handled by an experienced work injury attorney, for the injured employee to receive the best outcome.

Source:

Risky Business: Jobs You Never Knew Were So Dangerous
Market Watch, Yahoo! Finance, Feb. 14, 2011

Related Web Resource:

U.S. Department of Labor: Workers' Compensation

Related Florida Accident Attorney Article:

Department Store Worker Dies After Ladder Fall Injury; Labor Dept. to Investigate

A senior citizen who suffered an accidental fall while at working at a North Carolina Walmart store has died from his injuries. According to media reports, the 72-year-old department store associate had been working on a rack when he attempted to descend a ladder. The man reportedly missed the ladder and fell to the concrete floor below. The employee, whose name has not been released, died of his injuries. The North Carolina Department of Labor is investigating this fatal work accident.

Falling from a ladder or higher elevation is one of the most common types of work-related accidents causing injury, disability, and death -- including construction accidents. However, as this case illustrates, one need not be a roofer, builder, or utility worker to suffer a serious or deadly work fall from a ladder or higher elevation; any job involving climbing and ladder work can be hazardous.

In addition, slip and fall accidents are a major cause of bone breaks, head injury, and other serious and sometime fatal injuries among the elder population. As more senior citizens -- including those here in Florida -- put off retirement or take part-time jobs to keep financially afloat, they too are at risk of work-related falls and other work accidents.

A South Florida fall accident injury lawyer may be consulted by families of injured or deceased Fla. workers to help determine whether employer liability, premises liability, or other third-party negligence may have contributed to a work accident causing injury or death. Florida Workers compensation claims may be filed in cases where a worker has been injured as the result of falling from a ladder or higher elevation on the job.

Employee Dies After Falling At Walmart, Labor Department Investigating
WFMY News 2 April 30, 2010

Related Web Resources

From the CDC / National Institute for Occupational Safety and Health (NIOSH):

Preventing Construction Falls

Fatal Falls from Elevations (PDF)

A CBS News investigation revealed that China may not be the only country that has manufactured defective drywall construction products, which have made hundreds of Floridians and other homeowners in southern states sick -- and left their homes in shambles. Some have even abandonned their homes, which they feel are no longer safe or fit to live in.

Chinese drywall manufacturers have been under scrutiny since earlier this year, when homeowners in communities such as West Palm Beach, Florida, began noticing foul-smelling fumes emitting from their walls. (See related blog item from April '09, South Florida Construction Product Liability: Faulty Chinese Drywall to Be Tested.

The CBS report, released last month, asserts that some U.S. companies may also be responsible for manufacturing faulty dry wall that crumbles and gives off noxious, foul-smelling, sickening fumes. The defective product also causes electrical wiring to corrode. To add insult to injury, some home owners are reporting that their insurance companies are not only denying their claims for damage caused by the faulty drywall, but they are cancelling their homeowners' policies. And because scam artists like to prey on people in desperate circumstances, the Federal Trade Commission issued an alert in Dec. warning homeowners against fraudulent offers of faulty drywall tests (see link below).

A number of lawsuits have been filed on behalf of homeowners against American construction product manufacturers, including Georgia Pacific and National Gypsum.

Florida product liability lawyers are familiar with laws and regulations as they relate to the manufacture of construction products such as drywall used to build homes. Drywall became popular in the 1950s as an inexpensive and lightweight construction material, used as an alternative to plaster for framing walls.

Beware of Bogus Tests, Inspections, and Fixes for Damaged Drywall
Federal Trade Commission, Dec. 11, 2009

Homeowners Charge U.S. Made Toxic Drywall
CBSNews.com Nov. 23, 2009

Related Web Resources

U.S. Consumer Product Safety Commission: Drywall Information Center

Florida Dept. of Public Health: Dry Wall

A Florida Turnpike road worker was killed early last week when he was struck by a dump truck at a construction site. The Fort Lauderdale highway accident occurred near the Commercial Boulevard exit ramp, where work to widen the road was taking place in the northbound lanes.

According to news reports, this fatal construction accident occurred around 3 a.m. on Tues. Dec. 8. Florida Highway Patrol reported that Arturo Moradiellos, 64, was working with the Community Asphalt Corp. construction crew. Moradiellos was standing in back of a dump truck when it backed up over him.

FHP reports that a preliminary investigation of this Florida Turnpike death showed that the backup alarm on the dump truck was working, but the victim failed to hear it. Alcohol did not appear to be a factor. The driver of the dump truck was part of the same road crew as his colleague who was killed.

Fort Lauderdale construction accident lawyers realize the dangers inherent in road construction work. Such projects often work overnight, in tight spaces, to minimize lane closures and traffic congestion for the thousands of commuters and vacationers who travel the Florida Turnpike daily.

Highway construction workers are also at risk of being struck by motor vehicles that swerve into the construction site. This fatal Fort Lauderdale, Florida highway accident remains under investigation.

Turnpike Construction Worker Killed On The Job
CBS4.com Dec. 8, 2009

FHP: Turnpike worker killed in accident
MiamiHerald.com Dec. 8, 2009

Related Web Resources

Federal Highway Administration: Work Zone Safety

National Work Zone Safety Information Clearinghouse

A Fort Myers, Florida traffic accident involving a school bus claimed the lives of two men last week. According to the Miami Herald, on the morning of Thurs. Dec. 3, Adrian Nunez-Romero, age 30, and Elfego Mercado-Quintana, age 28, were killed when their vehicle struck a school bus.

The Herald reported this was the area's second fatal accident involving a school bus in just more than a week, and at least the third schoolbus accident to happen that week.

On Mon. Nov. 30, another Ft Myers traffic accident sent a trainee school bus driver to the hospital with work-related injuries. No further details were available on these South Florida motor vehicle crashes involving schoolbuses.

Florida School Bus Safety
Fort Myers, Fla. truck accident lawyers are knowledgeable about safety regulations governing the operation of commercial motor vehicles, including school buses used to transport children and teenagers to and from school. School buses are also sometimes used to transport other non-school groups, such as senior citizens and church groups.

School bus safety is always a concern for Florida parents, as young children getting on and off the schoolbus may be more vulnerable to car and pedestrian accidents.

2 men killed in Fort Myers crash with school bus
Associated Press, Miami Herald Dec. 4, 2009

Related Web Resources

NHTSA School Bus Safety Program

School Bus Information Council

OSHA has fined the construction company involved in a Broward County, Florida crane accident that claimed the life of a 43-year-old father of three earlier in the year.

The fatal construction accident occurred June 16 in Pompano Beach, Florida, where Albert Phillips of Coconut Creek was working on a project to shore up a seawall at Lighthouse Point. A crane fell and pinned Mr. Phillips' legs. Mr. Phillips was taken to North Broward Medical Center, where he was pronounced dead. The crane operator took a leave of absence from the job.

The construction company involved in this deadly crane accident has been fined over $18,000 for safety regulation violations. OSHA -- the United States Occupational Safety and Health Administration -- fined Ray Qualmann Marine Construction Inc. for failure to conduct proper safety inspections that may have revealed weak points in the equipment, and for allowing a worker not trained on this type of crane to operate the equipment. The construction company disputed some but not all of OSHA violations levelled against them.

A Fort Lauderdale construction accident lawyer familiar with liability laws and worker safety regulations may be consulted by families in construction accident cases such as this. Sometimes issues surrounding worker training and the responsibility of construction site subcontractors is called into question, when an accident takes the life of someone who left home to do their job, and did not return. Sometimes cases also involve Florida workers' compensation.

Crane operation and construction site safety is a priority area for NIOSH -- the National Institute for Occupational Safety and Health. While overall work related deaths in the U.S. have declined over the past year (including in the construction industry -- where deaths declined by 20 percent), 5,071 workers in 2008 lost their lives as a result of doing their jobs. (Bureau of Labor Statistics, National Census of Fatal Occupational Injuries in 2008, reported Aug. 2009)

Pompano Beach company fined in fatal crane accident
South Florida Sun-Sentinel.com Nov. 4, 2009

Related Web Resources

NIOSH Alert: Preventing Worker Injuries and Death from Mobile Crane Tip-Over, Boom Collapse, and Uncontrolled Hoisted Loads (PDF)

NIOSH Construction Safety

South Florida Associated General Contractors: Safety

A traffic accident this past week in Lee County, Florida, has left a construction worker with a broken arm.

The Florida car - pedestrian accident happened on Thurs. Oct. 29 on a stretch of Interstate 75 undergoing road expansion work in Lee County. The accident occurred on the northbound side of I-75 between the Daniels Parkway and Alico Rd. exits, just past 3 a.m. Florida Highway Patrol took a male driver into custody after he struck a highway worker and fled the scene.

The driver was apprehended by police after searching the woods surrounding the accident scene. He will be charged with driving under the influence (DUI) and leaving the scene of an accident. (In Florida, the legal blood alcohol concentration limit is .08) The injured construction worker was taken to Gulf Coast Medical Center for treatment and released.

A Florida construction site accident lawyer is familiar with the laws in place designed to protect highway workers and law enforcement officials from this type of motor vehicle/pedestrian accident.

Florida Highway Construction Accidents
Construction work accidents where road workers are injured or killed by motorists are unfortunately not all that uncommon. Construction workers doing their jobs in or on the sides of the highway or roadway are vulnerable, particularly at night. Earlier this year, a traffic accident in Bonita Springs, Florida, on I-75 resulted in the death of a highway construction worker when he stepped into the path of a semi-truck.

Florida law enforcement officials are also at risk for this type of work-related injury or fatality when they pull over motorists or stop to assist disabled vehicles. The Florida Move Over Law states that motor vehicle drivers are required to safely change lanes or slow down to a speed that's 20 mph below the speed limit when encountering a police or emergency vehicle stopped on the roadway.

VIDEO: I-75 construction worker injured; DUI arrest made
NaplesNews.com Oct. 29, 2009

Construction worker struck on I-75 in Lee
News-Press.com Oct. 29, 2009

I-75 construction worker killed when hit by semi in Lee County
NaplesNews.com April 3, 2009

Related Web Resources

iROX I-75 Road Expansion Project

Florida Move Over Law

The U.S. Dept. of Labor, Bureau of Labor Statistics (BLS) reported that the national rates of fatal work injuries are down, including in Florida. Preliminary data released for The National Census of Fatal Occupational Injuries showed that 5,071 work injury fatalities were reported in the United States in 2008 -- down from 5,657 work deaths reported in 2007.

Florida work related deaths declined from 363 in 2007 to 290 in 2008. Of those deaths,

107 were due to transportation accidents
56 were caused by assaults and violent acts
41 resulted from "contact with objects and equipment"
Fall accidents caused 39 deaths
Exposure to harmful substances or environments caused 38 workers to perish
6 workers died in fires or explosions

Nationally, construction accidents causing death declined by 20 percent, in the private construction sector, and fatal falls were down. However rates of workplace suicides rose by 28% (though workplace homicides decreased), and fatal workplace injuries in the forestry, farming, and fishing industries also saw an increase. The BLS will release the final statistics in April 2010.

The National Census of Fatal Occupational Injuries in 2008 (PDF file)
U.S. Department of Labor, Bureau of Labor Statistics, Aug. 20, 2009

Related Web Resources

Census of Fatal Occupational Injuries (CFOI): Current and Revised Data

Florida Safety Council: OSHA Training

Florida Atlantic University: Institute for Design and Construction: Safety Science

A study published in the journal Ergonomics found that people who work in hospitals are far more likely to lose work time and file Workers Compensation claims due to slip/trip/fall injuries than people in other private industry sectors.

The 10-year study -- which took place between 1996 - 2005, and whose authors were affiliated with the CDC, NIOSH, and health care facilities in the U.S. and Finland -- reported that lost workdays for hospital employees who had suffered slip-trip and fall injuries amounted to 35.2 per 10,000 full-time equivalents (FTE). That statistic is 75 percent greater than the average for all other private industries combined (which is 20.2 per 10,000 FTEs).

Causes of Slip, Trip, and Fall Accidents and Injuries
Hospitals, of all places, should be safe for both staff and patients. However, just like other establishments such as restaurants and hotels, hospitals can be prone to the same safety hazards that cause people to slip or trip and fall and get hurt -- wet floors and slick or slippery spots being the most common cause, along with obstacles on the floor or in walkways, loose or nonexistent handrails, and damaged flooring and stairs/steps.

Florida slip, trip and fall lawyers are sometimes consulted by individuals and families who suffer broken bones or other serious injuries as a result of slipping and falling while on the property of a commercial establishment. Premises liability may be an issue in some of those cases.

The Ergonomics study revealed that housekeepers, food services staff, and transport and EMS staff were at highest risk of suffering personal injury in a slip/trip/fall accident. The study went on to make recommendations for broad-based prevention programs for hospitals, including cause identification and hazard assessment, improvements to flooring, changes to housekeeping procedures and products, programs for outside ice and snow removal, and slip-resistant footwear for certain groups of employees.

Evaluation of a comprehensive slip, trip and fall prevention programme for hospital employees
Ergonomics, Volume 51, Issue 12 December 2008, pages 1906 - 1925

Related Web Resources

Slips, Trips & Falls
The International Contact Group for Researchers

The International Ergonomics Association

CDC: Falls Among Older Adults

A Palm Beach County traffic accident that occurred late last month left two road construction workers dead and a third hospitalized.

The fatal Florida car crash occurred on June 26 in Jupiter on Alternate A1A when a woman motorist, age 43, drove her Toyota Solara into a construction crew working on road resurfacing in the north bound lanes between Frederick Small Rd and Toney Penna Dr. Two workers died and a third was taken to Jupiter Medical Center. Jupiter Police are investigating this accident. News reports stated that a blood sample was taken from the driver, who has a history of speeding incidents. The driver of the Solara also struck a Toyota Camry, whose driver was not injured.

This Palm Beach County accident underscores the risks involved to highway construction workers and emergency officials who perform their jobs in such close proximity to oncoming traffic. A similar South Florida accident occurred the previous week when a motorist slammed a car into a truck being worked on by a highway worker, pinning the worker and causing personal injury.

A Palm Beach injury lawyer may be called on by families to help sort out the details of highway traffic accidents resulting in injury or fatality to determine whether a motorist driving recklessly or under the influence may be held liable.

Construction accidents on highways involving motor vehicles and workers on the road can be prevented. Laws are in place governing speeding in construction zones. In addition, motorists are required to slow down and if possible, change lanes as they are approaching vehicles stopped in the breakdown lane. The State of Florida instituted the Florida Move Over Act in 2002 to protect law enforcement officers and emergency workers stopped on the side of the highways.

Car hits road crew, killing two in Jupiter, police say
Sun-Sentinel.com June 26, 2009

Crash kills 2 road workers
MiamiHerald.com June 27, 2009

Experts: Drivers to be more careful around construction workers
WPTV.com June 27, 2009

Related Web Resources

Florida DHSMV: Move Over, It's the Law

Florida DOT: Traffic Warnings and Updates
(Includes searchable databases of Florida Highway construction projects)

Florida Personal Injury Attorney Debi Chalik fought for and won a $400,000 settlement for a client who suffered serious injuries resulting from a slip fall accident. Tonya I., a client of The Law Offices of Chalik & Chalik, slipped and fell on a wet bathroom floor at a Florida restaurant and hotel chain location. The client claimed that her slip and fall accident aggravated a lower-back injury, which caused nerve compression. She also claimed that a head injury suffered in the fall triggered a structural defect in the brain called a Chiari malformation, causing seizures, difficulty swallowing, and memory loss. Tonya required spinal surgery to treat her injuries.

Attorney Debi Chalik, a partner in the South Florida based Chalik & Chalik Law Offices, investigated the facts and circumstances surrounding Tonya's accident. Attorney Chalik determined that the establishment failed to adequately maintain their property and keep it safe for patrons so they would not injure themselves. After months of negotiation, the property owner agreed to pay $400,000 to compensate Tonya for her injuries.

As an experienced slip trip and fall accident lawyer, Attorney Debi Chalik fought hard to prove the owner of the property was accountable for the client's injuries. Slip and fall accidents can cause broken bones, head injuries, and in cases like Tonya's, multiple injuries that require surgery, medication, and lengthy rehabilitation.

University of Florida Slip Trip and Fall Accident Injury and Fatality Statistics
A University of Florida study estimated that in 1999, more than 1 million Americans suffered a slip, trip or fall injury, and over 17,000 died as a result. The study breaks down slip/fall injuries into "same-level falls" (such as slipping on a wet floor) vs. "elevated falls" (such as falling off a ladder). The study reported that 12 to 15% of all Workers Compensation claims are caused by slip fall accidents, and that 5,100 workers died in 1999 as a result of such mishaps. Back injuries are the most common type of injuries in slip fall accidents.

A slip fall injury only takes a second to occur, but the problems incurred can last for months, years, or even a lifetime. Sometimes these accidents can even cause death. An experienced South Florida slip/fall accident lawyer helps clients such as Tonya recover and go on with their lives by fighting for the compensation they deserve and need to cover medical bills and lost wages.

Defendants Settle: $400,000.00 Fall on Wet Bathroom Floor
Chalik & Chalik Newsletter Volume #3 2009

Related Web Resources

University of Florida: Preventing Injuries from Slips, Trips, and Falls

National Safety Council: Falls in the Home and Community

Florida Governor Charlie Crist is at the forefront of a federal investigation into imported Chinese drywall suspected of causing damage to Florida homes and posing potential health risks. The Chinese drywall, which investigations could prove to be a toxic defective building product, may have been used in the construction of many thousands of Sunshine State homes.

The Associated Press reported that months ago, families in West Palm Beach and other South Florida communities began noticing noxious odors in their homes and problems with wiring and other systems. Investigations revealed problems inside the walls of the Florida homes, suggesting that the drywall, imported from China, may be emitting sulfuric gases -- causing pipes and wiring to corrode, blackening silverware, damaging air conditioners, and posing possible health hazards.

According to news reports, estimates of as many as 35,000 homes in Florida may contain the faulty Chinese drywall and up to 100,000 homes in the United States. Lawsuits holding manufacturers, builders, and suppliers liable have been filed in Florida as well as Alabama, Louisiana, and Mississippi. The Florida Dept. of Health has logged hundreds of complaints related to the drywall. It is unknown whether builders working with the Chinese drywall have been exposed to any construction work related health hazards.

Florida's surgeon general along with the U.S. Consumer Product Safety Commission, the CDC and the EPA are involved in the investigation. A South Florida personal injury lawyer who is versed in state liability laws helps families who suspect their health may have been compromised by toxic products determine if a third party can be held liable. Legislators are being urged to ban the import of Chinese-made construction products until federal investigators can learn more about their makeup and safety.

Fla. to test air in homes with Chinese drywall
Yahoo! News, Associated Press April 18, 2009

Crist asks EPA, CDC for help with Chinese drywall
BayNews9.com April 4, 2009

Related Web Resources

Florida Dept. of Health: Imported Drywall

Florida Gov. Charlie Crist Letters to Congressman Wexler and EPA

A tractor trailer truck accident on I-75 has claimed the life of a South Florida construction worker.

The incident occurred around 3:20 a.m. on April 3 in Fort Myers Florida on Interstate 75 southbound where the iROX road expansion project is underway. According to news reports, construction worker Ruben Garcia-Serrano, 36, of Orlando, who worked for Leware Construction Company, stepped into the path of a semi truck around mile marker 135. Garcia-Serrano was struck and killed.

The Florida Highway Patrol reports that no charges will be filed against the driver of the commercial truck involved in this construction worker fatality.

In cases where a construction worker death may have been caused by negligence, a Florida construction accident lawyer helps the family who has suffered a loss navigate the insurance and legal systems.

Florida Construction Accidents
OSHA reports that the most common causes of construction accidents in Florida and the U.S. are falls from roofs, scaffolding platforms, and cranes. An iROX spokesperson told NBC2 News that this incident where a highway construction worker was hit and killed by a semi truck appears to be "a freak accident." This is the first fatal accident to occur in the iROX Road Expansion Project, which has been ongoing for roughly a year and a half.

iROX worker killed on I-75
NBC2 News Online April 3, 2009

Related Web Resources

iROX I-75 Road Expansion Project

South Florida Traffic Fatalities Map

The Wall Street Journal reported that the U.S. Consumer Product Safety Commission has launched a federal investigation of potentially hazardous drywall from China used in South Florida construction projects. Though no South Florida construction accidents have been linked to the products, the investigation is focusing on whether sulfuric gases emitted by the drywall can corrode electrical wiring and pose a safety hazard.

An experienced Fort Myers Florida product liability lawyer can assist workers, homeowners, and others who think they may have suffered personal injury or exposure to hazardous toxins due to faulty building materials.

More than 90 complaints are being followed by the Florida Department of Health related to the high-sulfur Chinese drywall used in homebuilding projects--15 of which are believed to be in South Florida. According to the Wall Street Journal, Lennar Homes of Miami, which used the Chinese drywall in some of their homes, is suing Chinese manufacturers after homeowners complained of noxious odors. Homebuilders in Palm Beach County and Homestead Florida also report they are aware of the problem.

U.S. Senator Bill Nelson of Florida, the politician who advocated for tougher regulations for Chinese-made toys, is behind this investigation. The National Law Journal reports that a Fort Myers Florida couple who wanted to file a lawsuit delayed court action after the manufacturer offered to inspect their property. However several class action lawsuits against builders and manufacturers of the Chinese drywall are in process.

WSJ: Feds launch probe on Chinese drywall
South Florida Business Journal Feb. 20, 2009

Fla. Couple Delays Suit After Drywall Manufacturer Offers Inspection
The National Law Journal March 4, 2009

Related Web Resources

Florida Department of Health

U.S. Senator Bill Nelson of Florida

Florida Power & Light Co. worker Junior Anthony Seaton died after being electrocuted while working on utility lines in Fort Lauderdale Florida. This Fort Lauderdale electrical utility worker fatality occurred on Weds. Feb. 18, 2009, when Seaton and members of the FPL crew were working on power lines during a planned power outage.

The FPL crew was upgrading power lines at Washington Mutual Bank at Federal Highway and East Broward Boulevard in Fort Lauderdale, Florida. According to Fort Lauderdale police and news reports, Seaton went to check something at a transformer when the accident occurred. Eyewitnesses said Seaton was inside his utility truck near a pole when he was electrocuted.

Other utility workers came to Mr. Seaton's aid and freed him, performing CPR until help arrived. Paramedics tried to revive him, but he was pronounced dead at Broward General Medical Center. The cause of this Florida work-related death was determined to be "accidental caused by high-voltage electrocution."

In 2007, a total of 93 electricians and 30 electrical power line installers and repairers suffered fatal occupational injuries (U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2008.)

Fort Lauderdale Florida Workers Comp Lawyers are familiar with the laws and regulations surrounding employer liability when personal injury or death occurs in the workplace or while on the job. OSHA is investigating this Fort Lauderdale Florida utility worker fatality.

Funeral service set for electrocuted FPL worker from Pines
South Florida SunSentinel.com Feb. 19, 2009

Related Web Resources

OSHA Electrical Hazard Recognition

OSHA Assistance for the Electrical Contractors Industry

The U.S. Bureau of Labor Statistics reports that although the overall national rate of work-related deaths has decreased in recent years, fatal Florida workplace injuries increased in 2007 to 362 deaths. Falls accounted for 15% of all work-related deaths in the U.S. in 2007 (U.S. Department of Labor 2008).

The United States Department of Labor, Occupational Safety & Health Administration (OSHA) reports that the most common cause of construction worker fatalities in Florida and every other state is due to falling. Falls account for one out of every three construction worker deaths.

The most common type of construction fall accident is falling from a roof, though other types of falls such as those resulting from scaffolding and crane collapses can also be catastrophic.

A Fort Myers construction accident attorney can help determine whether the construction company, contractor, property owner, or another party is liable if a Florida construction worker dies as the result of a construction slip fall accident.

OSHA: Preventing Fatal Falls in Construction Sept. 25, 2008

Related Web Resources

South Florida Associated General Contractors

South Florida Construction Safety Forum

Three Florida construction workers escaped death in an Orlando area construction accident that left them hanging mid-air, 70 feet high, for nearly two hours.

The Florida construction accident occurred at 2001 Summit Park Drive in Maitland, Florida, in the afternoon on Dec. 8. Preliminary reports from Brasfield & Gorrie, the company overseeing the project, said that the three construction workers, employed by subcontractor Baker Concrete, were installing steel to prepare for laying concrete seven stories high. The scaffolding they were working on came loose from the building, and they lost their footing, slipped, and fell.

All three construction workers were wearing safety harnesses when this work accident occurred, which saved them from falling 70 feet to the ground below, and certain death.

A forklift and crane were used to bring all three construction workers down safely. The three suffered cuts and bruises; two refused medical treatment but one was brought to a clinic for minor work-related injuries. A crane operator who was rattled by the incident was brought to the hospital as a precaution.

As Florida construction accident lawyers, we are all too aware of the risks inherent to the construction industry: Construction has the largest number of work-related fatalities for any industry sector. According to the National Institute for Occupational Safety and Health, the construction industry employs about 6 percent of U.S. workers -- but accounts for 20 percent of fatal work-related injuries. The cause of this scaffolding accident remains under investigation and the names of the men involved have not been released.

Crane rescues 3 workers after scaffold slips
OrlandoSentinel.com Dec. 9, 2008

Related Web Resource
OSHA: A Guide to Scaffold Use in the Construction Industry

In March, two people died and five were injured in a construction accident at the Miami Paramount Bay condominium project, when a portion of a tower crane toppled through the roof of a home being used as a job site office by contractor Bovis Lend Lease.

Tragically, a crane safety ordinance had passed in Miami-Dade County the week before but had not gone into effect. That's because a coalition of Florida construction organizations filed suit in Federal court and were awarded an injunction prohibiting Miami-Dade County officials from enforcing the safety ordinance. They were afraid that tightened safety regulations would shut down Florida construction sites in violation of the ordinance.

Construction workers often work high above the ground, performing their jobs on scaffolding and cranes perched many stories up in the air. OSHA has crane and derrick safety standards in place, but construction accidents like what happened in Miami still claim too many lives. Florida has also introduced a state tower-crane safety bill which has remained in committee at the State Legislature for two years.

As accident lawyers who advocate for Florida workers hurt on the job, we are all too familiar with what can go terribly wrong on a construction site. Both federal and state regulations are designed to keep construction workers safe. But sometimes, that's not enough. The irony of this sad case is that Florida construction organizations filed suit to keep the safety ordinance -- written to keep their construction workers safe -- from going into effect.

Endgame: Construction Fatalities Soar Nationwide
Southeast Construction Sept. 2008

Two Dead, Five Injured in Miami Crane Collapse
FoxNews.com March 25, 2008

The Florida Supreme Court made a decision that should help rectify some injustices that prevented Florida workers hurt on the job from hiring adequate legal representation from an experienced Florida work injury lawyer.

The decision made in Murray v. Mariner Health Care on Oct. 23, 2008, determined that statutory caps on attorney fees were "ambiguous" and not fair to Floridians who suffered a work accident. This means that if you work in Florida and suffer a work accident or are otherwise injured at work or in the course of your job, you may hire a personal injury attorney who may receive professional compensation in fees for legal services.

In 2003, amendments to Florida Workers Compensation law put "statutory caps" on injured workers' attorney fees, limiting the fees a work accident attorney could be paid in a work related injury claim. However the insurance company lawyers were not subject to such fee caps, resulting in gross inequities that left some injured workers without adequate legal representation.

The Murray case cited that the insurance company attorney was earning $150 or more per hour, where the injured worker's lawyer could only be paid $8 an hour. In Florida, that attorney could have made more money behind the donut counter, with tips. Not a good use of a Florida Workers Compensation lawyer's time and experience. And injured workers who are unable to recover compensation from their employers' insurers usually turn to Social Security and Medicaid to survive, further burdening taxpayers.

The Florida Supreme Court ruling should help right the legal scales, re-establishing the intent of Workers Compensation laws that are supposed to be fair to all parties involved: injured workers, employers, and insurers. Work injury attorneys are often needed to fight for the rights of people in Florida who are hurt at work, to make sure they are fairly compensated for lost wages, medical bills, and pain and suffering.

Florida Supreme Court Affirms Injured Workers’ Rights JusticeNewsFlash.com, Oct. 24, 2008

Related Web Resource

Florida Division of Workers' Compensation