Construction Site Accidents Are Becoming Increasingly Common
May 21, 2009 by stevie · Leave a Comment
Construction site accidents are becoming more common. But is workers’ comp law keeping pace?
Construction site accidents and related injuries are bound to receive additional scrutiny as Obama Stimulus disbursements jumpstarts additional 2009 construction projects under federal auspices. But lax safety procedures during the Bush Administration tenure also appear to have contributed to a substantial increase in such events since 2000. The increase in construction site accidents might have even begun to rise in the early 1990s.
Consider that in 2008, one in four workplace fatalities were construction workers. There were 1,225 fatal occupational injuries in 2001 involving a construction site; by 2008 that figure had risen to 2,889.
Examples of such tragedies are common.
· 55-year-old carpenter struck by a drunk driver while working on The Big Dig in Boston, multiple serious injuries resulting.
· 50-year-old union iron worker in Philadelphia fell down a darkened stairway when a temporary lighting system failed, multiple serious injuries resulting.
· 22-year-old self-employed roofer fell 25′ off a sloped roof in Naples, Florida, permanent paralysis resulting.
Because only about 10% of construction companies employ more than 20 workers, most have no formal job safety regulations or programs in place.
In 1992, the “lost-workday” rate for workers in the construction industry was 5.7 per every 100 fulltime workers. In 2007, that rate had increased to 9.6 per 100 fulltime workers, an increase of nearly 40% making it the highest such rate of any major economic sector.
Yet jury verdicts in construction site accidents tend to produce modest settlements in favor of construction workers and other public sector workers compared to those accidents (less than $250,000) which involve non-workers (more than $500,000), even if the construction workers’ injuries were quite horrific. This discrepancy may partially be linked to a pro-corporate, pro-business trend in the weakening of workers’ compensation statutes which has been occurring in most “right-to-work” states since about 1990. In some cases, salaries of attorneys representing injured workers have been deliberately “capped” by state legislatures, possibly affecting the quality of legal counsel afforded to workers, especially those in the construction industry. A blatant example of such legislation is HB903, a measure passed on May 1, 2009, in Florida.
Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.
Victor Leon Case Ties Illegal Immigration to Workers’ Comp Law
May 21, 2009 by stevie · Leave a Comment
The case of a paralyzed worker is compromised by worker’s immigration status and compounded by his use of illicit drugs.
Being an illegal immigrant and getting hurt on the job proved a miserable combination for Victor Leon. He also compounded his predicament by using illicit drugs, although these substances almost certainly played no role in his workplace injury.
Leon was working on a construction project for Altec Roofing in Palm City when he fell off the roof of a three-story building. As a result of the accident, he was permanently paralyzed.
Prior to his unfortunate accident, he’d informed Altec about his illegal immigration status. Altec had even helped him to obtain a fraudulent social security number. But while he was accepted as a worker by the company, being accepted as “an injured worker” eligible for workers’ compensation was another matter. Still, he should still be eligible. Using a fake social security number to secure employment doesn’t mean that he has to forfeit workers’ compensation for an on-the-job accident. He would have had to make a false statement after being injured “for the purpose of securing workers’ compensation benefits” before the ultimate sanction of forfeiture may be imposed. So just because Leon is an illegal immigrant, he can’t forfeit his right to workers’ compensation benefits.
Unfortunately, Leon had another complication crop up. A post-accident drug test revealed the presence of cocaine and marijuana in his bloodstream. Section 440.9 (3) of Florida law states that workers’ compensation benefits for an otherwise compensable mishap are not payable if the injury “was occasioned primarily … by the influence of any drugs … not prescribed by a physician.” Section 440.9 (7) (b) creates a presumption that the injury was occasioned primarily by the drug when a post-accident test for drugs is positive.
Leon retained an expert who testified that the drugs in his bloodstream at the time of the accident did not actually impair him. But on bad advice, Leon decided to voluntarily dismiss a petition before the judge of compensation claims in favor of a little used estoppel argument. The outcome was a Florida circuit court granting Altec’s motion for summary judgment. Leon may eventually obtain a remedy at a workers’ compensation forum, but this is highly unlikely.
Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.