When a construction or industrial accident occurs, it is typically caused by someone not following procedure, and that procedure is usually backed up by a law. Oftentimes, the injured person is blamed for causing his or her own injury by shortcutting. Sometimes, horseplay by co-workers are to blame. Other times, the pressure by management to get the job back on schedule, or under budget are to blame for an accident. Still other times, companies or contractors do not follow the engineering plans, and disaster results, or the engineering plans were flawed from the beginning. The Titanic is an example of an engineering plan that was flawed from the beginning, and tragedy resulted. A simple search of YouTube will show numerous construction and industrial accidents occurring, most of which should and could have been prevented.
The “root cause” of an accident is often not immediately apparent to investigators without a thorough understanding of the industry, and everything that happened. If you have been in a construction or industrial accident, you need an attorney who understands construction, and construction related law. At Phillips Law Firm, Inc., attorney John H. Phillips has worked in mining, and in heavy industry as an engineer prior to his law school training. He understands regulatory issues and the need for compliance. He has seen what happens when there is a failure of compliance, and he has defended against the employee that caused an injury when the company did nothing wrong. He has represented employers, employees, manufacturers, and construction companies.
One out of every 5 fatal accidents in private industry were in the construction industry alone. The leading causes of worker deaths were falls, followed by electrocution, struck by object, and caught-in/between something. These “Fatal Four” were responsible for more than half of all construction deaths. The employee may be blamed for falling, but an experienced attorney will know to look for proper guardrails that prevent falls, and proper tie offs, to catch someone who was working at an elevated location.
OSHA requires employers to provide working conditions that are free of known dangers, keep floors in work areas in a clean and dry condition so far as possible, select and provide required personal protective equipment at no cost to workers, and train workers about job hazards in a language that they can understand. OSHA has set standards that contractors and workers must follow to prevent accidents. Unless your attorney knows to look for these violations of the law, you may not recover for your injuries. Specific examples of the most commonly violated OSHA regulations related to the construction industry are fall protection (29 CFR 1926.501), scaffolding, (29 CFR 1926.451), ladders (29 CFR 1926.1053), powered industrial trucks (29 CFR 1910.178), machinery and machine guarding, (29 CFR 1910.212), and control of hazardous energy such as electrical, pneumatic, or hydraulic power (29 CFR 1910.147).
Phillips Law Firm, Inc. has been handling construction and industrial cases for over 25 years in the same convenient location for our clients. Your case is not too complicated, and your injury is not too complex for us to present to a jury to get the best result for you. If you, your business, or a loved one has been injured in any way related to a construction or industrial accident, and you believe someone else was the cause, we can help you.