Whether it is just a small project for a homeowner or a major commercial development, the construction industry can be extremely hazardous for workers. Every day, construction workers have to operate under extremely hazardous walking conditions, as well as other employees in the field. Because of this reality, severe work-related injuries at construction sites happen extremely often. Regulations, specifications, inspection requirements, and job safety programs all attempt to prevent accidents on constructions sites and promote awareness of safety for everyone involved in a construction job. Accidents still happen and will continue to happen, despite crucial efforts made to deal with concerns regarding construction site safety caused by both the nature of the work and the array of hazards that are experienced by construction workers. These risks may include falling off scaffolds from high elevations, being hit by a moving or falling piece of equipment, electrocution, health risks due to asbestos or chemical exposure, defective equipment injuries, unreasonably unsafe machinery, and injuries due to lifting or repetitive movement. Construction Accidents Can Be ComplicatedIf you or a loved one has been harmed after working on a construction job, the first step to take toward legal recovery is to call an experienced construction attorney to discuss the circumstances of your case. Many potential issues may arise during the process, such as compliance with occupational and site safety standards and regulations, engineering concerns, and liability or indemnity determinations. These all mandate that your case be handled by a skilled lawyer who understands the laws involving construction area accident liability. OSHA Safety RegulationsSafety regulations established by the Occupational Safety and Health Act of 1970 are practiced by all states in some form, including Utah, and these regulations are also applied to work that is completed in the construction industry. The problem of who may be liable for ensuring compliance with OSHA regulations — such as the general contractor or even a sub-contractor — usually it is placed on who is in control of the worksite or activity when the injured party was harmed. The legal impact of violating any OSHA regulations can change depending on certain conditions. In Utah jurisdictions, if evidence can be provided that shows an OSH regulation was violated which resulted in injury, little else needs to be done to establish the liability of a negligent party. OSHA regulations are not the sole legal standards that hold a property owner, general contractor, or sub-contractor liable for an injury taking place at a construction site. Many times, the property owner or general contractor will have his or own established safety regulations, which are generally applied or made specifically for the circumstances of the construction project, and are meant to protect those who are working on the project. Violations of these regulations could also provide the basis of a construction accident injury claim. Getting Help After a Construction Accident InjuryIf you have been harmed after being involved in an accident in a construction area, many things can be done to protect yourself and your legal rights after the fact: Scaffolding InjuriesThe Occupational Safety and Health Administration (OSHA) finds that an estimated 65 percent of construction workers find themselves on scaffolds frequently. With this in mind, it isn’t a real surprise that some of the most common accidents in the construction industry involve scaffolds or other types of lifts, hoists, or ladders. These accidents are not usually the most severe in terms of sustained injuries that are caused by the construction workers falling from defective, inadequately installed, or unreasonably unsafe scaffolding equipment. This may be due to an employer’s failure to utilize necessary protective equipment or due to the worker falling from onto another worker from a scaffold, lift, or ladder. OSHA Scaffold RegulationsEach employer, supervisor, and worker operating on a construction site using scaffolds is required to comply with OSHA regulations concerning construction and inspection, among other considerations. • Design and Construction. The design and construction of scaffolds must comply with OSHA requirements involving the type of equipment, proper capacities, construction methods, and use. Every scaffold and its individual components must be able to support its own weight in addition to at least four times the maximum predicted load without failing. Every suspension rope has to be able to support at least six times the maximum predicted load. • Electrocutions: One of the top four leading causes of workplace fatalities is electrocution. In 2016 alone, there were 82 electrocution deaths, which accounted for over 8% of all workplace fatalities. Though this number has historically been higher (over 300 related deaths and thousands of injuries in 2014), electrocution remains a real threat to construction site workers. Though the causes of electrocution can vary, many of these incidents can be prevented by taking the proper precautions. Providing construction safety training and quality personal protective equipment (PPE) can both be effective tools in mitigating electrocution risk. Make sure employees recognize that wearing PPE is a requirement, not an option. Construction Accidents Can Be PreventedWhen a construction site worker becomes injured in an accident, it not only affects their life and livelihood, but also the future of the company. Construction accidents are largely preventable and companies should take every possible precaution to do their part in training, educating, and protecting their employees. Utah Construction Accident Law FirmWhen working a physical job, there is always going to be a risk of being injured while at work. These risks are even larger for construction workers, masons, and contractors. Working on a construction site is dangerous by nature, and things can go wrong at any time. Accidents can happen due to faulty machinery, equipment breaking, and negligence of a subcontractor, improper signage, falling objects, and unsafe working conditions. The results of these mishaps can be devastating, it is in these times that people need a construction accident law firm the most. How a Utah Premises Liability Injury Case WorksWhether you are at your friend’s house or going to the grocery store, you can be injured at any time. You may wonder if you are completely to blame or if another party could have contributed to your injuries. Whenever you experience an injury after entering someone’s property, such as a slip and fall or some other type of accident resulting in injury, you can potentially hold the owner of the property responsible for your resulting damages under the legal theory of premises liability. Premise liability involves when a property owner (or owners) has a potential legal responsibility for injuries experienced due to unsafe conditions on the property. A premise liability case can happen in nearly any type of open space or building, including accidents with slip and falls, swimming pools, construction sites, defective machinery, fires, animals, or lack of proper security. Today we are going to examine the basis of a viable personal injury case involving premises liability and how they may apply to your case. What the Plaintiff Needs to ProveIn the state of Utah, the specific elements involving a premise liability have to be proven by the plaintiff in order to construct a valid claim for their case. In most cases, the injured party, or plaintiff, will have to prove: How to Provide Evidence of These ElementsWhen proving these elements, it has to be shown that the defendant had a duty to warn or inform you about latent dangers which were not known to you and you could not reasonably discover on your own. This duty can also extend to dangers which the defendant should have known about if he or she had exercised reasonable care. If you were injured, you need to show evidence of your sustained injuries. This can be accomplished through testimony or through the testimony of an expert physician. You can also provide medical bills on top of this expert testimony concerning the extent of your injuries, the pursued medical treatment, and how these injuries have impacted certain aspects of your life. You then have to show that the defendant’s negligence was a significant factor in your sustained injuries. The injuries suffered have to be reasonably foreseeable regarding the defendant’s action or neglect. Also, the defendant’s negligence does not have to be the sole contributor to your injuries; it just has to have contributed to the harm experienced. Liability Depending On the Status of the Person on the PropertyHistorically, the approached used in jurisdictions in Utah in order to determine the defendant’s standard of care relies upon the status of the person who is entering the property. There are three standard basic statuses: invitees, licensees, and trespassers. Construction Accident LawyerWhen you need legal help with a construction accident in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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