Tag Archives: Construction Site Death

Florida Construction Injury Lawyer: 2 Construction Workers Dead After Vehicle Loses Control on Highway

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Brandon Stein

By: Brandon Stein

If you or someone you know was injured in a car accident near a construction zone, contact our Florida construction injury lawyers today.

Having a career in construction is a risky proposition. While some may say that construction workers assume the risk when they take the job, similar to football players that assume the risk when they strap on the pads, nevertheless it is a profession where every single day you go to work there is that small possibility that you may not come home.

As an Aventura lawyer that helps injured construction workers in Florida, frequently clients, or families of deceased clients, enter my office with tragic stories to tell relating to construction site accidents.  Many times, the construction company is to blame for the injuries sustained by the Florida construction worker.  Yet, as an attorney in South Florida, I find that sometimes the construction accident is unavoidable.

Just yesterday in Colorado, two construction workers were killed after a car traveling on a highway lost control.  It is unclear as to the cause of this construction site car accident, but local authorities are only able to report that the driver of the vehicle was a 74 year-old man that lost control of his car while traveling through an intersection.  Construction had been ongoing on the side of the roadway, which is precisely where the two workers had been located just before the car accident.  According to reports, when the car lost control it careened off the highway and directly into the area where the men had been performing construction. The two workers died immediately upon impact.

While this accident remains under investigation, at this juncture it remains unclear whether any foul play is suspected on the part of the driver of the car or the construction company. Even if no fault can be placed on the shoulders of the construction company, this construction site car accident is a perfect example of the dangers of roadside construction.

Being a North Miami personal injury lawyer, I have come to realize that roadside construction work is perhaps the most dangerous type of construction to perform. You ultimately have two types of dangerous conditions — cars traveling on the roadway and the inherently dangerous task of construction work.  A fatal car accident such as the one detailed above illustrates this very fact.

Florida Construction Injury Lawyer: The Dangers of Nighttime Construction

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Brandon Stein

As a North Miami injury lawyer that helps victims of construction accidents on highways, it never ceases to amaze me how often tragedy strikes on the roadway. And every single time a person is injured in an accident, people are always shocked and wonder aloud how something like this could happen.  More times than not, when a person is injured, whether it be a construction employee injured while working on a job site or some lay person injured near a construction site, usually someone did something wrong that led to the accident.  The most recent tragedy occurred on a freeway in Santa Monica, California during the early morning hours when a construction worker was crushed and killed by a falling steel beam.

Highway construction had been ongoing since 2009, and according to reports, this construction site injury is the first major accident to occur.  The steel beam that took the construction worker’s life weighed well over one ton — even more scary is that fifteen co-workers witnessed this horrific accident.  Nevertheless, a transportation authority spokesperson assured the public that the construction would be ceased immediately until further safety tests and investigation is undertaken.

A key fact that must be noted is that this construction accident occurred during the nighttime/overnight shift hours, which certainly raises the question as to just how safe the working conditions are for construction being performed at night.  Certainly, many factors come into play during the course of nighttime construction.

For one, the workers are operating on an extremely limited amount of sleep, which leads to fatigue and perhaps careless or negligent work.  Also, inadequate resources may be available during nighttime construction, as opposed to work performed during daytime hours.  Not to mention, when performing construction to roadways at night, the number one risk that construction workers take out with them every time they clock in is the possibility of a serious car accident at the construction site. Tough to see at night, poor lighting, failure to abide by the traffic signals — these factors all lead to accidents causing serious injury, and sometimes even death.

At this point, it remains unclear as to whether this construction site accident resulted from nighttime construction and the various dangerous factors that come along with it. However, you can be certain of one thing — it is definitely a more dangerous task to perform construction during nighttime hours.

If you or someone you know was injured in a construction site accident or a car accident at or near a construction area, please contact us today.

By: Brandon Stein

Florida Construction Injury Lawyer: Crane Accident Kills Construction Worker – OSHA Citations Handed Down

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Brandon Stein

A North Miami construction lawyer that helps injured construction workers must always be cognizant of the presence of the Occupational Safety and Health Administration (“OSHA”).  When litigating a case against a construction company for injuries suffered at a construction site, OSHA can be used as a powerful tool in negotiating a settlement or winning at trial.  Now keep in mind that OSHA only pertains to the enforcement of workplace safety — so if a non-employee was injured on a job site, then most likely OSHA will not play a significant role.  But for employees injured or killed in the line of work, violations levied by OSHA are often a precursor to a lawsuit against the offending construction company or employer.

Just last week, a New York construction company was fined $68,000 for violations stemming from an April 2012 construction site accident involving a crane crashing and killing a 30 year old construction worker.  This crane accident instantly took the life of the 30 year old worker. The OSHA citations had been directly related to violations of safety standards related to job site security and crane safety.

An OSHA director explained that the actions committed by the construction company constituted a disregard for “fundamental, vital and required safety policies.”  Ultimately, had the proper procedures and protocols been followed, this crane accident would have never occurred and the 30 year old construction worker would still be alive today.

The department of labor and OSHA set forth specific standards and guidelines for companies, including construction companies, to follow in order to ensure the safety of its employees.  When it comes to crane use, safety requirements are strictly enforced by OSHA and are expected to be followed.  In fact, to use a crane on a construction site the designated employee must be highly skilled and qualified to perform such a task. Simply stated, a crane is one of the most, if not the most, dangerous instrumentality utilized on a construction site.

To name a couple, some key components that OSHA sets forth that construction companies must follow are to ensure that cranes are only operated by qualified and trained personnel.  Additionally, a designated person must inspect the crane prior to use and be sure to follow the manufacturer’s directions for use.  Failure to follow these, or any of the other requirements, could certainly result in an OSHA violation — which no construction company wants on its record.

As a South Florida construction lawyer, many of my injured clients have benefited in their case from OSHA citations levied against construction companies.  While the existence of an OSHA violation does not guarantee liability or negligence of construction companies, it certainly does not hurt an injured construction worker’s chance of receiving damages and compensation for his or her loss.

If you or someone you know was injured in an accident at or near a construction site, please contact us today.

By: Brandon Stein

Florida Construction Injury Lawyer: 1 Killed and Several Hurt After Parking Garage Collapse in Miami

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Brandon Stein

As a South Florida lawyer that sues construction companies, my practice is not only devoted to helping injured construction workers.  Many injuries that occur at or near construction sites often involve the general public, also requiring the assistance of a lawyer.

Earlier this morning in Miami, Florida, a section of a parking garage collapsed and injured several people, while killing one.  The garage had serviced occupants of a local community college and was under construction, yet was still open despite construction.  According to reports, the collapse was so significant that it was a floor to floor collapse — essentially crumbled like a house of cards.  Witnesses to this parking garage collapse were shocked and commented that construction workers and others ran out of the garage screaming in a panic.  Of those injured and trapped within the rubble, some were taken to the hospital, some treated on the construction site, and one was unfortunately killed.

The Chief Executive Officer in charge of the construction project assured the public that the cause of the collapse will be investigated.  However, the CEO entertained the fact that the construction company would embrace any new policies, procedures, and protocols that would ensure safety.  Sadly, it took a catastrophic construction site accident causing injuries that brought about the need to “ensure safety” for those at the project site.

For those injured in this parking garage accident, the question remains as to who is responsible.  Without question, a finger must be pointed in the direction of the construction company charged with the maintenance and supervision of this project site. However, responsibility must also lie in the lap of the college and person in charge of managing the parking garage.

In Florida, lawyers are constantly maneuvering around the law in order to help their injured clients.  Florida law takes a position against those injured from car accidents in parking lots and garages.  Simply put, if you are injured in a car accident in South Florida, suing a parking garage or owner of a parking lot is simply not an option. However, Florida courts have specifically limited this to car accidents occurring in parking lots and parking garages — not parking garages that collapse.

Lawyers here in South Florida charged with helping the victims injured from this parking garage collapse in Miami have a number of entities to consider that are at fault.  The construction company certainly does not stand alone when determining liability.  Also, the school, along with the parking garage must be held responsible in some capacity for causing all of these injuries earlier today, including a death.

If you or someone you know was injured in a construction accident, including a parking garage accident, please contact us today.

By: Brandon Stein

Florida Construction Injury Lawyer: Motorcyclist Killed Because of Unsafe Road Surface

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Brandon Stein

As a Florida construction lawyer that sues for those injured in car or motorcycle accidents in North Miami, I find that many accidents result from unpaved or unsafe road surfaces.  The responsibility of paving a public roadway can fall directly on the shoulders of a construction company hired to repair or renovate an existing roadway.

In Florida, when a roadway or highway is open for public use, it is imperative that a construction company adheres to Florida Statutes pertaining to the uniform standards for design, construction, and maintenance as required by the Florida Department of Transportation.  In South Florida, failure to ensure safely paved roadways can lead to catastrophic injury from car accidents or motorcycle accidents, thus requiring the assistance of a lawyer.

However, this requirement imposed on construction companies is not just limited to Florida.  One way or the other, every state has its own standards for maintenance and construction of roadways — including providing safely paved roads for the public. Unfortunately, this weekend I was extremely saddened to hear news of a fatal motorcycle accident in a construction zone.

This past Friday afternoon on Highway 52 in Iowa, a 44 year old motorcyclist was killed after crashing in a construction area — the accident was allegedly caused by defects in the roadway surface.  According to reports, the pavement was uneven, which resulted in the motorcycle losing control while passing through the construction site.  The 44 year old was killed instantly and the accident is under investigation.

In Florida, construction accident and car accident lawyers are well versed in the laws requiring the Department of Transportation to develop and adopt uniform standards and specifications for the safe construction of roadways and highways. However, just because the Department of Transportation sets forth certain standards for the proper construction of roadways, including those that are paved and safe for use by the public, it does not mean that construction companies follow these rules.

The motorcycle accident death detailed above is a prime example of construction companies allowing traffic to ambulate through their work sites with an unsafe road surface.  Car accidents or motorcycle accidents occurring in construction areas frequently result in significant injury — and a subsequent phone call to a personal injury lawyer.  Therefore, I urge all construction site supervisors to be cognizant of the standards and rules set forth by the Florida Department of Transportation, for they are in place to help prevent injury at construction sites.

Specifically, unsafe road surfaces and unfinished pavement frequently leads to injury, especially for motorcyclists and bicyclists.  Being a North Miami construction site injury lawyer, too many times I come across car accidents or bike accidents due to issues with the pavement.  This is all too easy to prevent.

If you or someone you know was injured in a construction area or due to an unsafe road surface, please contact us today.

By: Brandon Stein

Florida Construction Injury Lawyer: Worker Killed in Truck Accident

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Brandon Stein

As a North Miami lawyer who sues for truck accidents, I find it shocking the number of car accidents that occur on South Florida’s highways and roadways — particularly in construction zones.  The tasks that construction workers perform on job sites are dangerous enough — now add large trucks passing through and you have serious safety risks.

Yesterday afternoon on a Texas highway, a construction worker was killed after being struck by a large truck.  The worker was performing highway construction for the Department of Transportation when he was hit.  Authorities state that the 20-year old man was in the middle of a cement paving job on the side of the road.  However, it remains unclear as to whether the construction worker was in the road at the time of the truck accident, or if the truck swerved off to the side of the road.  Yet, investigation is ongoing and no charges or lawsuits have been filed.

As I mentioned in my post from September 17, 2012, one of the most dangerous vehicles traveling on the road are trucks.  Simply put, lanes on a highway are typically 12 feet wide. This lane width does not pose a problem for normal cars.  However, the average width of an 18-wheeler truck is 8 1/2 feet — that means that the truck has only 3 1/2 feet to work with when traveling in a typical highway lane.  I do not mean to get all technical and numbers oriented, but in many of the truck accident cases that I have litigated in North Miami, the offending truck often sways just outside of its designated lane — causing a car accident, or worse, an accident involving a construction worker.

Needless to say, performing construction work on the side of a highway is extremely dangerous.  This work becomes especially dangerous when trucks are traveling through these construction zones.  For large trucks that have several blind spots, being given adequate notice of the presence of construction workers is of the utmost importance. That’s right, notice.

Many North Miami construction site cases involving a truck accident often come down to whether the truck driver had the proper notice of the presence of a construction project. Florida law requires that adequate notice is given to drivers well before approaching a construction area so that the driver, or truck driver for that matter, can have time to slow down, change lanes, or exit the highway if proper detours are in place.

Unfortunately, as a North Miami lawyer for many who are injured from truck accidents, I constantly find that one, or both, of the following factors contribute to car accidents: (1) the truck driver was speeding and driving carelessly through a construction zone; or (2) the truck driver was not given proper notice of a construction area ahead.

No matter the case, and sadly, even if all necessary precautions are followed, truck accidents continue to occur involving construction workers — as we have seen from the tragic accident detailed above.

If you or someone you know was injured in a truck accident, please contact us today.

By: Brandon Stein 

Florida Construction Injury Lawyer: 78 Year Old Construction Worker Killed After Being Pinned Between Dump Truck and Bulldozer

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Brandon Stein

As a Florida construction site injury lawyer, I firmly believe that onsite construction work should only be performed by those physically and mentally equipped to handle the rigors of that line of work.  Most, if not all, construction projects involve the use of heavy machinery and intense manual labor.  The dangers of working on construction sites are always present, so the foreperson or supervising construction company has the responsibility of protecting their workers.  Thus, if a construction company fails to supervise its site properly, and a worker is injured in Florida, then you can be sure that the injured construction worker will be hiring a personal injury lawyer for representation.

I bring up the subject of suitable construction workers for a project because this past Monday a 78-year old construction worker of Schomberg, Ontario (just north of Toronto) was killed after being caught in between a dump truck and a bulldozer.  The Canadian Press reports that the construction worker was getting off of a bulldozer that he had been working on when a dump truck struck him — pinning him between the two and killing him. Local authorities state that the man was a part-time worker for the unidentified construction company and worked on an as-needed basis.  A construction site injury lawyer has not been hired to represent the 78-year old as of yet, but I would suspect that representation for the worker’s death is forthcoming.

Under no circumstances am I asserting that senior citizens should be excluded from all construction work in general. However, construction companies should have specific standards of their own in place that qualify or disqualify certain individuals from highly dangerous construction tasks. Of course, the Occupational Safety and Health Administration has safety standards that construction companies are required to follow.  Yet, as a Florida construction injury lawyer, I strongly believe that each and every construction company should adopt its own site specific standards for a worker’s qualification to perform certain tasks.

Before allowing a construction worker to perform dangerous work, some factors that the employer should consider is: (1) age; (2) experience; or (3) physical strength required for the task.  Ultimately, construction employees should not be blindly placed into a position without the proper experience, training, and physical attributes.  As a South Florida lawyer who sues construction companies for employee injuries, I frequently address this issue of whether the construction employee was suited for the task he or she was performing at the time of the accident.

Going back to the 78-year old construction worker that was killed this past Monday, if I were hired to represent the man’s family in recovering damages, one of the first questions I would ask is “Why was this 78-year old man working with a bulldozer on this construction site?”  Was the man properly trained?  How long was he working for this construction company before being injured?  Does this construction company have a history of accidents on its construction sites?

Construction site accident cases are highly complex and often involve months, if not years, of litigation.  Hiring a construction site injury lawyer is very important so that you or someone you know recovers the maximum amount of damages that he or she is entitled, so Contact Us today if you or someone you know was injured in a construction accident.

By: Brandon Stein

Florida Construction Injury Lawyer: Worker Dead After Being Run Over By Construction Truck

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Brandon Stein

As a South Florida construction site injury lawyer, I constantly stress that the most important aspect of a construction project is work site safety.  9 times out of 10 I find that construction site injuries can be prevented through proper job site management and supervision.  Yet, injuries continue to occur — including fatalities.

In Beaver Falls, Pennsylvania, a construction worker was killed after being struck by a dump truck.  The 73-year old was working as a consultant for a project at Highland Middle School.  Authorities report that the construction worker was on site when the truck accidentally backed over him.  The chief of police stated that the 73-year old construction worker was standing behind the dump truck and the driver did not notice the man before reversing over him.  According to a local resident, construction trucks working on this project fly down the road everyday — it is not shocking that a construction worker was injured and killed.  The Occupational Safety and Health Administration (“OSHA”) is currently investigating this incident.

As I commented in my post from August 22, 2012, OSHA is a governmental agency responsible for the health, safety, and welfare of hundreds of thousands of construction workers throughout the country.  A key tool utilized by OSHA to achieve its goal of ensuring a safe work environment are safety inspections conducted without advance notice.  These construction site inspections are conducted by highly trained, highly sophisticated OSHA compliance officers.  But how can OSHA possibly inspect the 7 million plus construction sites in this country?  Inspection Priorities.

Naturally, OSHA strives to inspect the most hazardous and dangerous construction sites, thus placing a priority on those particular sites.  Accordingly, OSHA identifies six situations which ultimately warrant an inspection: (1) Imminent Danger Situations; (2) Fatalities and catastrophes; (3) Complaints; (4) Referrals; (5) Follow-ups; and (6) Planned Investigations.  Regardless of the reason for the inspection, OSHA requires its inspectors to do their homework on a particular site before going out for the inspection.

Prior to arrival at the construction site or job site, compliance officers must research the site’s inspection history using detailed processes and procedures so that they are fully prepared.  Immediately upon arrival on the site, inspectors are required to convey their respective credentials to those on site.  Additionally, the officer must inform the employer of the reason for the inspection and describe the scope of the inspection.  Every inspector on site must be accompanied by a designated representative of the construction company that is the subject of the inspection. Essentially, the inspector and the company’s representative does a “walk around” throughout the entire construction site so that OSHA may assess all possible hazardous conditions on site.  Upon completion of the “walk around,” the investigator holds a Closing Conference with the employer to discuss potential courses of action OSHA may take.  Nevertheless, should OSHA decide to issue a citation, that determination must be made available to the employer no later than six months from the date of the violation.

This is one of the many examples of how OSHA attempts to protect construction workers from hazardous conditions on their job site.  Ultimately, OSHA is in place to prevent construction site injuries from occurring.  Unfortunately, we do not yet know if the Beaver Falls tragedy explained above that resulted in a construction site death was due to OSHA violations.  What we do know is that OSHA will be sending out their inspectors to conduct a full investigation.

However, regardless of the results of the OSHA investigation, a lawsuit may quite possibly be forthcoming given the fact that this construction site accident involved a fatality.

If you or someone you know was injured in a construction site accident, please CONTACT US TODAY.

By: Brandon Stein