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On-The-Job Accidents & Personal Injury Cases

April 11, 2018 | Category: Construction Accidents, Personal Injury, Slip and Fall Accidents, Wrongful Death | Share

According to the Occupational Safety and Health Administration (OSHA), more than 5,000 workers are killed on the job annually; that translates into about 99 per week or more than 14 deaths every day. 

  • Earlier this year, a man working at an auto shop in Katy, Texas was killed when the jack holding up an automobile slipped, and the vehicle fell on top of him, crushing him to death, says ABC13 in Houston, Texas. 
  • In June 2017, an employee of Trinity Construction Products Inc. in Apopka, Florida was killed when an attachment separated from a forklift and struck him in the head. 

In a report on the state of safety and health protections for America’s workers produced by the AFL-CIO in 2017, it was noted that the industries with the highest fatality rates for workers were:

Construction 20.4 percent

Transportation & warehousing

16.5 percent

Agriculture, forestry, fishing & hunting

11.9 percent

Mining, quarrying and oil & gas extraction

11.4 percent

 

 

 

 

 

 

 

 

In addition to fatalities, there are also workplace injuries. According to leading insurance companies around the country, the top 10 reported worker’s compensation injuries are: 

  1. Overexertion injuries - These are injuries resulting from pulling, lifting pushing, holding, carrying, and throwing.
  2. Slipping, tripping on or over something lying on the floor.
  3. Falling from heights.
  4. Reaction injuries such as from trying to brace yourself against a fall.
  5. Falling objects.
  6. Walking into walls, doors, cabinets, glass windows, tables, chairs, etc.
  7. Vehicle accidents.
  8. Machine entanglement.
  9. Repetitive motion such as typing, computer keyboards that cause muscle strain, vision problems, and carpal tunnel syndrome.
  10. Violent acts caused by others in the workplace. 

Legal Liability 

According to OSHA, employers must eliminate hazards that are likely to cause death or serious physical harm to employees. They must be sure the work environment is safe, and should an accident occur, the employer is responsible for ensuring that the injured employee receives medical treatment, and the cause of the accident is remedied so as not to cause further injury or death. 

“There are situations where injured employees may only make a workers’ compensation claim. This is not always the case. There are times when they may also make a personal injury claim. A personal injury claim may give workers the ability to recover such things as lost wages not paid by workers’ compensation, pain and suffering and mental anguish compensation. Also, if a worker is injured as the result of a negligent third party, such as a non-employee electrician who slips and falls on the job of an employer’s customer, that third party can be held liable,” says Fort Myers Personal Injury Lawyer, Randall Spivey. 

“Should a person die as the result of another’s negligence or misconduct, his/her survivors may be able to file a wrongful death claim. On-the-job accidents can be complicated, and we recommend injured workers, or their survivors, seek legal advice from our experienced team of attorneys. We are available 24/7 to assist you.”

 

 

Ft. Myers Personal Injury Lawyer, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll-free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748, and in Collier County 239.793.7748.

 

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Fort Myers, Florida 33912

(239) 337-7483

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