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Construction Accidents: Michigan’s Most Dangerous Work: Injured Workers Often Denied Claim for Recovery of Damages
| Guest post by: Terry Cochran |
Article Overview: Insurance claims are often denied just so insurance companies can meet their profit goals. Workman comp claims are also often denied, especially the first time around.
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Free Download - Sailors, Maritime Workers Protected By Special Laws For On-the-Job Injuries By Terry Cochran |
Construction Accidents: Michigan’s Most Dangerous Work: Injured Workers Often Denied Claim for Recovery of Damages
By Terry Cochran
Construction accidents
continue to be one of the most frequent types of accidents for Michigan workers
and for workers across the nation because safety rules have not protected them.
Construction workers in the building trades are frequent victims of on-the-job
injuries and serious accidents. Why? Far too often, required safety rules are
not in place. As a result thousands of
construction workers are killed or injured each year.
In Michigan alone
the construction industry led all others with the highest number (30) of fatal
work accidents in 2008, according to the Michigan Occupational Safety and Health
Administration (MIOSHA). MIOSHA reports
that the leading hazards faced by construction workers are associated with:
·
Cave-ins
·
Underground
utilities
·
Heavy
Machinery
·
Manual
handling materials
·
Working
close to moving traffic
·
Electrical
hazards, such as overhead power lines
MIOSHA
reports that in 1994 alone some 19 Michigan workers were killed in trench
collapse accidents.
In my
practice the common construction accidents causing on-the-job injuries,
fatalities, or leading to workers comp involve falls from ladders and
scaffolding, front end loaders, electrocutions, vehicle back overs, gas line
explosions, failed machinery, cave-ins, and road construction workers hit by
passing vehicles. Workers injured include carpenters, roofers, dry wallers,
pipe layers, operating engineers, rod busters, cement finishers, cement pavers,
and laborers.
A
construction worker injured on the job, in most instances, can sue the employer
for work-related injuries. A third party can be shown to be liable for
negligence when an injury occurs on the job site. While some workers are
prevented or limited by law from collecting workman’s compensation for their
injuries, many workers are able to recover damages from parties other than
their employers or co-workers, especially when subcontractors are involved.
Sometimes owners, architects, contractors and equipment manufacturers can be
held liable for damages for construction accidents. Usually, though, the liable
person is the general contractor, contractor or owner.
Manufacturers
of construction equipment are responsible for designing and maintaining safe
products. Defective or dangerous products may be at fault in a construction
accident. With all of the equipment used on a construction site, the chance for
injury is great, but if the proper safety measures are not employed in the
making of this equipment, the chances of an injury or a death occurring
increase greatly.
The
manufacturers on this equipment can be found liable when an accident occurs due
to one of their products. Equipment used on a construction site includes
scaffolding, cranes, power tools, derricks, hoists, conveyors, woodworking
tools, ladders, winches, trucks, graters, scrapers, tractors, bulldozers,
forklifts, back hoes, heavy equipment, boilers, pressure vessels, and gas
detectors.
Even if a
worker is injured because of his or her own carelessness, compensation still
may be available from the Workers Compensation Act. Benefits such as workers
comp weekly payments and medical payments are awarded to an injured worker,
although often these awards are not enough to cover the pain and suffering that
comes with an on-the-job injury.
Workman’s
Comp weekly payments are based on a percentage of worker's weekly earnings and
on the severity of the disability, whether it is a temporary total disability
or a permanent partial disability. The medical expenses cover only those
treatments deemed necessary and related to the specific work injury.
Because
construction accident cases most often are very complex it is important to consult
with an attorney with experience in investigating construction accidents and in
evaluating the best avenue of recovery based on the law. If applying for worker’s comp, consult a
workers comp lawyer.
Insurance
claims are often denied just so insurance companies can meet their profit
goals. Workman comp claims are also often denied, especially the first time around.
I strongly advise Michigan construction workers involved in an accident to use
a Michigan attorney skilled in construction accident recoveries because the law
varies from state to state. An attorney will lead you through the steps needed
to recover actual damages and may even assist in punitive damages being
awarded.
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MichelleJ
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