Falls

Falls are the leading cause of death in the construction industry. Falls are covered under 29 CFR (Code of Federal Regulations) 1926 Subpart M of the federal regulations. The cause of fall accidents stem from not anticipating the proper equipment that is necessary to complete a given job. If proper equipment is available and work is anticipated beforehand, workers will not have to engage in unsecure climbing. Workers who are not properly trained on anti-fall equipment also cause falling fatalities. Unfortunately, even workers who do access to anti-fall protection devices can lack proper training. This results in accidents that are completely avoidable. Subpart M of the CFR has an entire section dedicated to scaffolding as well as its proper usage and training guidelines for employers.

Electrocution

Electrical safety regulations are covered under Subpart S of 29 CFR 1910. This regulation places an emphasis on the first line of defense: personal protection. Having the proper protective gear when working around electricity can be the difference between life and death. This section also provides guidance on how electricity is transmitted in the most unexpected ways. This portion is to inform workers to be aware of ways electricity can pose a danger outside of the normal instances. As with falls, regulators want to ensure that contractors are providing its employees with the proper training to ensure that safety equipment is properly utilized.

Struck by an Object

Being struck by an object is another major cause of death in the construction industry. This category is peculiar as compared to the rest, because it can manifest through natural and man-made causes. For example, a careless forklift worker can crash into a fellow worker if they are not well-trained in forklifting. Alternatively, an unsuspecting worker can become the victim of a downed tree that has become loose due to heavy winds from a previous day. Such circumstances are not always discernible. That is why OSHA standards place an emphasis on training and the dissemination of life saving information.

Florida Construction Law Attorney

Federal law requires that all construction businesses meet OSHA health and safety standards. Attorney Brendan A. Sweeney has significant experience in advising and drafting agreements that will ensure your compliance with OSHA regulations and standards. Your workers deserve the best protection against workplace hazards. Contact us now for a consultation.

Resources:

osha.gov/oshstats/commonstats.html

osha.gov/SLTC/electricalcontractors/standards.html

osha.gov/pls/oshaweb/owastand.display_standard_group?p_toc_level=1&p_part_number=1926

Florida’s Regulations

The workers’ compensation regulations in Florida are spelled out under Chapter 440 of the Florida Statute. An employee must report all work-related injuries to their employer within 30 days of the injury occurring. This is not a general rule as there are exceptions including in the instance where the injury is not knowable (i.e., a latent injury). Florida has a 2-year deadline for filing a petition for workers’ compensation benefits. But as with reporting requirement, there are some exceptions to this general rule. There is a weekly limitation of $863.00 on the benefit and other specified limitations depending on the injury. For example, the benefit for a temporary total disability is 66% of the average weekly benefit. The benefits are paid out on the 8th day for an injury that lasts less than 22 days. However, if the injury lasts for more than 22 days, then the benefit begins on the 1st day of the injury. Benefits for claims that are psychologically related are limited to 104 weeks. Minors who are not lawfully employed are entitled to two times the benefit for any injury stemming from their unlawful employment.

Making an Application

Employers purchase workers’ compensation insurance from private companies or from Florida Division of Workers’ Compensation. After reporting the injury to the employer, the employer must then report the injury to the insurance company or state agency within 7 days. At the same time, the employer must send the employee to an occupational doctor to obtain a medical review of the injury.

What to Expect After the Application

After all documentation is received, the insurance company will either approve or deny the application. After approval, the employee will receive workers’ compensation benefits immediately. However, if the application is denied, the employer has the right of appeal. At this stage, the employee is well-served to hire an experienced attorney to handle the appeal.

Fort Lauderdale Workers’ Compensation Attorney

Have you made an application for workers’ compensation due to a construction injury and been denied? Or do you seek to increase your award? Attorney Brendan A. Sweeney has years of experience advising on workers’ compensation claims. He also has extensive experience representing clients during construction-related claim denials. Contact us now for a consultation.

Resource:

law.cornell.edu/wex/workers_compensation