Recovering a fair settlement after a serious injury or wrongful death is a tricky process that may involve several insurance policies. Ideally, the person or entity that caused your injury or loss will have liability insurance that covers such scenarios, whether it was a car accident, slip and fall, product defect, etc.In addition to auto, home, and renter’s insurance, some defendants have umbrella coverage. This is extra liability insurance that will kick in if the policyholder is held responsible for serious injuries, property damage, and/or other losses that are not fully covered by their other policies.For example, if you were hurt in a car accident but the at-fault driver’s auto … [Read more...]
What Will an OSHA Inspection Entail?
The Occupational Safety and Health Administration (OSHA) is charged with making sure employers follow guidelines for protecting employees and creating a safe worksite. OSHA conducts periodic routine inspections as well as investigations when reportable injuries or fatalities occur on-the-job. If an employer is found to be in violation of workplace safety rules, OSHA can levy fines and impose other penalties. Employers can also be put on a Severe Violators list and become subject to more frequent inspections.Employers need to make sure they are in compliance with worker safety rules and ready for an inspection to occur. Workers also need to know their rights. If you are an employee … [Read more...]
Free Report: Are Punitive Damages Awarded for Construction Accidents?
Under the law in the state of California, workers are not generally permitted to sue their employers for injuries sustained on-the-job. This includes injuries occuring at construction sites. Employers can be sued for intentional wrongdoing that falls outside of the workers' compensation framework, but otherwise workers' compensation is the exclusive remedy. An employee injured on-the-job may obtain workers' compensation benefits without proving negligence--and may obtain benefits even in the absence of negligence or wrongdoing on the part of an employer-- as long as the employee can prove the injury was job-related. These benefits, however, cover only specific losses as defined by statute … [Read more...]
Can You Get Punitive Damages for Construction Site Accidents?
When an accident occurs on a construction site, employers typically can't be sued and workers have to obtain benefits through a workers' compensation claim. Workers' compensation provides for payment of certain losses such as medical bills and disability income, but it does not pay for punitive damages.If a construction worker can sue a non-employer, however, it may be possible to obtain punitive damages for the construction site accident.Obtaining Punitive Damages for Construction Site AccidentsPersonal injury litigation allows victims of construction accidents to recover broader compensation from non-employers than the compensation available through a workers' comp claim … [Read more...]
Who is Responsible for Ensuring Construction Site Safety: A Guide for Injured Construction Workers
Who Is Responsible for Eensuring Safety at a Construction Site: A Guide for Injured Workers from Michael Waks The owner of a construction company is responsible for the safety of his employees. Construction company owners must enforce the rules the Occupational Safety and Health Administration establishes or they can face OSHA penalties and even criminal charges.Learn more about construction site safety in California in this presentation. … [Read more...]
Who is Responsible for Ensuring Safety at a Construction Site?
One in five worker deaths in 2013 occurred in the construction industry, according to the Occupational Safety and Health Administration. Construction workers are most likely to die from four fatal causes of injury: falls, being hit by objects, being electrocuted, and becoming trapped in or between items. OSHA has many regulations designed to prevent construction-site injury. Unfortunately, OSHA rules are not always followed and accidents still happen.After a construction accident, it is important to determine who is responsible for injuries that result to workers. Those who are responsible for ensuring safety may sometimes be held legally accountable and required to compensate injured … [Read more...]
Fatal Construction Accidents [Infographic]
The Fatal Construction Accidents infographic shows us that one in five people killed while working in the private sector in the United States died in a construction site accident. Over half of those fatalities were caused by falls, being struck by an object, electrocutions, or getting caught in or between objects.It also lists the ten OSHA standards most violated in 2014 and gives advice on what to do if a loved one is killed in a construction accident in California. … [Read more...]
