While there are a multitude of potential hazards on construction sites, cranes are among the largest and most dangerous pieces of heavy machinery.  Construction accidents involving a collapsing crane or other crane related injury are more common than many people realize.  There are as many as sixty people that die each year in crane accidents on construction sites throughout the country.  Crane accidents can result in catastrophic injuries and wrongful death from a wide variety of hazards including falling loads, crane collapse incidents, electrocutions from contact with power lines, falls from the cab or platform and entrapment accidents.

The wide variety of types of crane accidents means those in and around cranes on construction sites must be vigilant regarding this multitude of risks.  The most common causes of crane accidents include operating cranes on uneven terrain or slippery ground as well as overloading the crane.  When a crane is used to lift an object that exceeds the weight capacity rating for the crane, it can result in devastating injuries.  These types of accidents can result in severe injuries including spinal cord injuries resulting in paraplegia or quadriplegia, traumatic brain injuries that may rob a victim of his or her cognitive abilities and other permanent debilitating injuries that require life-long supportive care.

Construction site injuries like crane injuries are complicated because worker’s compensation provides the exclusive remedy against an employer.  If the injuries suffered are severe, this compensation can leave a victim woefully under compensated.  Sometimes the manufacturer of the crane, the sub-contractor that owns the excavation equipment or other third parties may be liable for crane accident damages.  Our experienced Mississippi crane accident attorneys at Barrett Law always carefully investigate this possibility because personal injury damages against an entity or individual other than your employer can be far more lucrative than a worker’s compensation claim.

It is important to understand the urgency involved in seeking legal advice when you are injured in a construction accident.  The environment on a construction site is dynamic and ever evolving so the sooner you seek legal representation the quicker experts can examine the equipment and accident scene.  Sometimes defective or poorly maintained equipment is repaired destroying critical evidence.  In other situations, dangerous uneven terrain may be leveled, which also can create challenges in providing evidence of negligence.

At Barrett Law, our experienced Mississippi crane accident attorneys represent injury victims throughout Mississippi.  If you are injured by negligently operated or maintained heavy equipment on a construction site, our experienced Mississippi crane accident injury attorneys may be able to help you obtain compensation in both a worker’s compensation and personal injury claim.   Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

 

According to OSHA (Operational Safety and Health Administration), it is estimated that approximately 100 fatalities occur each year as the result of accidents involving a forklift.  Another 61,800 forklift operators suffer injuries as a result of accidents involving a forklift each year with an estimated 34,900 of those injuries being classified as serious.  Approximately 856,000 forklifts are in operation in the United States alone so based on the above statistics 11 percent of these forklifts are involved in an accident of some type.

A forklifts operational life is about 8 years.  During that time, there is a significant probability of the forklift driver being involved in an accident and sustaining a serious injury.  We have provided a breakdown of the most common types of forklift accident injuries that a driver may suffer in a forklift accident:

  • 42% – The vehicle tips over and the forklift operator is crushed.
  • 25% – The forklift operator is crushed between the vehicle and another surface
  • 11% – A person other than the forklift driver is crushed between the forklift and another vehicle
  • 8% – The forklift operator or another person are struck by falling material
  • A small percentage involve a fall from a platform on the machine’s forks

OSHA requires that all forklift operators receive adequate and appropriate training.  Without proper training, both forklift drivers and those they come into contact with are at an increased risk of injury or death in a forklift accident. Mississippi state law requires that all forklift operators complete a training and evaluation program prior to receiving certification in the operation of a forklift.  Training is provided by a qualified instructor utilizing OSHA standards for safety.  Further, companies employing forklift operators are responsible for evaluating a driver’s skills prior to allowing its drivers to operate the equipment.  Thereafter, forklift operators should be re-evaluated every three years. Should new equipment replace older equipment, training should be implemented to ensure all forklift operators keep their skills up to date.

Without proper training, or when safety regulations and standards are disregarded, accidents, sometimes fatal ones, will occur.

Below are some of the injuries that can result from an accident involving a forklift:

  • Broken bones and internal injuries
  • Brain injuries
  • Amputation
  • Spinal Cord injuries

Forklifts can easily overturn due to an unbalanced load; drivers can be thrown from a forklift and pinned beneath it; and the load a forklift is carrying may topple over, injuring either the driver or another person who is in close proximity.

Every employee has the right to work in a safe environment and employers are obligated to provide a work environment that is safe, protected and as free from the occurrence of accidents as possible. The only way to accomplish this is for employers to strictly adhere to all safety standards and regulations.

If you or a loved one has been injured or a loved one has died in an accident involving a forklift you may whether in an industrial plant, warehouse, construction site or any other site, you may be entitled to workers’ compensation benefits from your employer.  However, sometimes these benefits are woefully inadequate to compensate your fully for your economic and emotional injuries.  Our Mississippi forklift accident attorneys may be able to represent you in bringing a personal injury lawsuit against third parties whose carelessness or lack of attention contributed to your forklift accident.

Electrocution accidents on construction sites pose a serious risk of catastrophic injury and wrongful death.  Construction sites are among the most dangerous workplaces, and electrocution accidents account for the second leading cause of death on construction sites.  Accidents resulting in electrocution injuries are most common on construction sites when heavy equipment makes conduct with power lines.  These serious accidents can also happen when someone is not aware of all of the potential electrocution hazards on a construction site.  A metal ladder that is being carried on a construction project may make contact with power lines on the ground or overhead.

Electrocution accidents may occur when dump trucks, excavators, conveyors, front loaders or other equipment makes contact with elevated power lines.  If you are involved in an electrocution accident on a construction site, you may suffer serious injuries like paralysis, amputation injuries or wrongful death.  These accidents may result from negligent operators or lack of training and supervision on a construction site.

Any type of construction accident poses unique challenges because of the constantly changing environment on a construction site and worker’s compensation law.  Our experienced construction accident lawyers work diligently to preserve critical evidence that can be altered or disappear on a construction project.  Because worker’s compensation law is an exclusive remedy when seeking compensation for work related injuries against one’s employer, it is often essential to establish liability by third parties on construction sites to recover the full measure of compensation for one’s injuries.  General contractors and subcontractors may be at fault. They need to be held accountable for providing inadequate training and supervision to employees and temporary workers.  These entities must increase awareness of electrical hazards in construction and telecommunications. Construction companies, building code inspectors, architects, and electrical engineers must provide detailed and understandable plans highlighting lethal electrical currents.

If you suffer serious injuries resulting from an electrocution injury on a construction site, the experienced construction accident lawyers at Barrett Law may be able to obtain the financial compensation you deserve.  If you or your loved one is injured by negligent conduct that results in an electrocution accident on a construction site, Barrett Law has been representing injury victims in Mississippi for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

Construction sites will typically pose a wide array of risks, meaning the likelihood of accidents which result in serious injury or death is quite high. Many construction workers are often working at considerable heights, making the risk of falling much more likely than other professions, and even when construction workers are working on with both feet firmly on the ground, they are subject to the risk of falling objects, hazardous substances, heavy machinery accidents, and the need to lift heavy or bulky objects. All of these things substantially escalate the chance of an on-site work accident with injuries which can range from relatively minor to extremely severe. There are many factors involved in a workplace construction accident, and if you have suffered such an accident it’s very important you retain a personal injury attorney who has experience in construction accidents.

Does Your Construction Accident Qualify for Compensation?

Although it may seem obvious, the primary factor to consider is whether the injuries sustained were a direct result of a construction site accident. This means that a near-miss accident—an incident in which you were almost severely injured or killed—does not meet the necessary criteria to justify compensation, even if you suffered severe psychological trauma from the incident. In other words, if something your employer did, or failed to do, directly caused you to narrowly miss being crushed by a piece of heavy equipment, you are not entitled to compensation even though you may suffer very real trauma as a result of such a close call. A plaintiff in a construction accident is only allowed to ask for reparation for harm, loss or damage which was sustained on the construction site and can be successfully substantiated.

Liability in a Construction Accident

In some cases a construction accident was not due to a direct act or lack thereof of the employer, however more often it can be proven that the employer neglected to maintain a protected working environment for company workers. This failure to provide safety could be through absence of training or any other manner of contributory negligence where it is obvious the employer failed to take the necessary safeguards required to keep his or her employees out of harm’s way. In order for a claim of employer negligence following a construction accident to have a positive outcome, the injuries sustained must be a direct result of the disregard for safety or blatant violation of duty of the employer. While employees may occasionally be injured as a result of their own error or negligence, the large majority of construction accidents are due to lack of a safe working environment.

Shared Responsibility

In certain instances there may be a dispute between the employer and worker as to who caused the accident and resulting injuries. In a case such as this, the court will make the decision as to the ultimate responsibility, and may decide that both parties were at least in some measure at fault. In such cases the theory of contributory negligence applies, meaning the worker may have caused his or her injury by ignoring known risks or behaving in a negligent manner. Should contributory negligence be applied, the amount of the settlement will be reduced accordingly.

What to Do Following a Construction Accident

The very first thing you must do following a construction accident, no matter how minor it may seem, is to get immediate medical attention. If your injuries require anything more than a band-aid, it’s essential you see your doctor or be taken by ambulance to a hospital. Your health is one of the most precious things in your life, and no amount of compensation will make up for a loss of your health, so take injuries seriously. Once you’ve attended to any health issues, you need to ensure that the details of your accident were recorded. Never admit responsibility of any sort for your accident until you have spoken to an experienced attorney—even if the employer was not directly responsible for the accident, a lack of training for employees may still render him liable.

Getting Legal Help

If you work in the construction industry, remember that it is your employer’s duty to ensure your health and safety while you work and to adopt all measures necessary to minimize the risks of injuries and accidents. Employees should be provided with sufficient training as well as safety devices necessary to carry out daily tasks, and all equipment and tools should be in good working order and pass all industry safety standards. Construction accidents can be quite complex requiring you to seek professional legal advice prior to making a claim. Don’t risk your health or financial future following a construction site accident.