Have You Been Injured Florida Construction Accident?
The Occupational Safety and Health Administration (OSHA) recently concluded an investigation into a fatal construction accident that happened in Coral Springs, Florida. Tragically, a 47-year-old carpenter was killed. OSHA found the victim’s company violated the agency’s safety standards because they allowed employees to stay in the danger zone of a crane at the worksite. Here is some information about the accident and how Florida Workers’ Compensation rules might apply from an experienced Coral Springs Workers’ Compensation Lawyer Evan M. Ostfeld, Esq. You can also contact us to receive our free booklet, “Everything That You Wanted To Know About Workers’ Compensation, But Were Afraid To Ask!” or view it on our website.
O.S.H.A Safety Standards Not Followed!
Florida construction company Archer Western had six employees, cutting concrete to build footers while working inside of a trench box. They are used to construct elevated expressway lanes. The concrete pile that the workers were cutting broke free, striking the carpenter in the chest. OSHA determined that the employer failed to adequately train and supervise its workers to follow mandatory safety standards. Inspectors also discovered that the concrete pile was attached to a crane which had a damaged wire swing. It then broke and the materials fell, which killed the employee. According to OSHA, this event could have simply been prevented if the company had just followed the proper safety standards. They cited the following violations:
- Having employees work within the danger zone of a crane’s load when tension was applied in violation of the manufacturer’s procedures
- Failing to adequately train and supervise workers in the recognition and avoidance of hazardous working conditions
- Failing to adequately qualify and train the signal person directing the crane’s operation
- Failing to ensure that the signal person’s and crane operator’s hand signals were agreed to before lifting material
- Using a damaged wire rope sling
Unfortunately; even though a death occurred on the job site, the company was only fined about $60,000.
Workers’ Compensation and Fatal Accidents
When an employee is killed at a construction site within one year of the date of accident or five years of continuous disability, death benefits may be due and payable to his/her immediate family up to a maximum of $150,000. There are additional benefits available to cover funeral and burial costs. Surviving spouses and minor children might also be entitled to recover educational benefits. In some fatal construction accidents, other companies could share liability. While people generally cannot file lawsuits directly against employers for negligence due to workers’ compensation immunity, they may pursue a personal injury and or wrongful death claim against others who might have caused the accident. Fortunately Evan and his legal team can handle both types of legal claims if applicable.
Get Help From The Law Offices of Evan M. Ostfeld, P.A.
If you have been seriously injured on the job or have lost your loved one in a worksite accident, speak to an experienced Coral Springs Workers’ Compensation Lawyer as soon as possible.
The Law Offices of Evan M. Ostfeld, P.A. has over 28 years of experience and provides a no-obligation case evaluation. There are no upfront attorney’s fees or costs unless there is a recovery or court award. Contact us today at (866) I SUE YOU, (478-3968), (954) 227-7529, (954) 998-0075 text or [email protected]. We are here to help!
