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Fresno Construction Injury Lawyer

TOP RATED FRESNO CONSTRUCTION Injury Lawyer

On average, more than 99 people are injured each week in construction site accidents.  Even more shocking – more than 14 people are killed each week as a result of a variety of construction site accidents.  

The U.S. Bureau of Bureau of Labor Statistics recently reported that 2.8 million Americans were involved in non-fatal workplace injuries in 2018. A large portion of the 2.8 million reported workplace injuries involved serious injuries occurring on construction sites.  As a result, such sites are highly regulated by California and Federal Government.  Even so, construction deaths continue to rise.

55 deaths California Construction Site deaths in 2016.

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In 2017, the death toll increased to 69 from 2016.

In 2018, there remains a steady increase to 79 construction site deaths reported to Cal-OSHA.

OSHA (The Occupational Safety and Health Administration) is a government agency that was enacted by Congress to enforce compliance with the Occupational Safety and Health Act of 1970.

CAL-OSHA DESCRIBES THE FATAL 4

According to Cal-OSHA, “THE FATAL 4” are the most common causes of death on California construction sites. Since these results are tracked, the more common causes of death on construction sites are the following:

1) FALLS FROM HEIGHT;

2) INJURY TO WORKERS BY FALLING OBJECTS;

3) ELECTROCUTION/BURN INJURIES;

4) PINNING, CRUSHING OR COMPRESSION INJURIES TO WORKERS BY HEAVY CONSTRUCTION EQUIPMENT.

MOST FREQUENT CAL-OSHA VIOLATIONS

OSHA and Cal-OSHA are governing bodies for workplace safety in the United States and California.  Workplace safety is governed by these agencies. As a result, there are stringent safety requirements in the construction industry.  OSHA and Cal-OSHA are charged with investigation and enforcement of workplace injuries. As a result, these agencies keep statistics relating to common violations and citations.

The TOP 10 most common violations of workplace safety in 2016, 2017 and 2018 are listed by the United States Department of Labor as follows:

1) Fall protection, construction (29 CFR 1926.501);

2) Hazard communication standard, general industry (29 CFR 1910.1200);

3) Scaffolding, general requirements, construction (29 CFR 1926.451);

4) Respiratory protection, general industry (29 CFR 1910.134);

5) Control of hazardous energy (lockout/tagout), general industry (29 CFR 1910.147);

6) Ladders, construction (29 CFR 1926.1053);

7) Powered industrial trucks, general industry (29 CFR 1910.178);

8) Machinery and Machine Guarding, general requirements (29 CFR 1910.212);

9) Fall Protection–Training Requirements (29 CFR 1926.503);

10) Electrical, wiring methods, components and equipment, general industry (29 CFR 1910.305).

YOU MAY BE ENTITLED TO MORE THAN WORKERS' COMPENSATION BENEFITS

If you are injured on the job, there is a rule of law called the Exclusive Remedy Doctrine” which limits recovery by the injured worker to limited Workers’ Compensation Benefits.   However, there are exceptions to the exclusive remedy doctrine.  Some of these include the following:

  Fraudulent Concealment – In the event an employer attempts to conceal a workers’ injury when connected to the employment. In order for this exception to apply, three prongs must be met: (1) the employer actively concealed the employee’s injury; (2) the connection between the injury and employment are concealed; and (3) the injury was aggravated or made worse following the employer’s concealment.  This exception is codified by Labor Code Section 3602.

  Employee Assaulted by Employer – If an employee is injured by the willful assault by his employer, the worker is not limited to workers’ compensation benefits.

Injury Caused by Third Party – If an employee is injured in the workplace by an individual or entity which is not their employer, the workers’ recovery is not limited to workers’ compensation benefits. This is the most common means of recovery to construction workers since there are so many parties present on construction sites belonging to various entities.

Uninsured Employer When an employer fails to maintain workers’ compensation insurance, they are deemed an uninsured employer.  The worker may then file a lawsuit in Superior Court and many times begin with a presumption of negligence on the part of the employer.

OUR RECENT RESULTS IN CONSTRUCTION OR WORKPLACE INJURY CASES

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TRYK LAW, P.C. FRESNO PERSONAL INJURY LAWYERS

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