Posts Tagged ‘Construction Site Accidents’

Construction Site Accidents Involving Heavy Machinery

Sunday, August 23rd, 2009

front loader death 300x224 Construction Site Accidents Involving Heavy MachineryAccording to news reports last week,  a Chicago construction worker was killed when the Bobcat front loader he was in fell seven stories.  Such a catastrophic accident highlights another peril of constructions sites:  operating heavy machinery.  To speak with an experienced Chicago construction accident injury lawyer, call Passen Law Group at (312) 527-4500 for a free consultation.

A front loader, such as the Bobcat, is a common piece of equipment used on construction sites.  Its primary use is to dig, pick up and move materials, such as asphalt, gravel and dirt, from ground level or a pile into a dump truck or rail car.  Front loaders are also versatile:  though they often have what looks like a large bucket with teeth attached to the front, they can also have two prongs attached to the front it act like a forklift, which can lift larger objects such as pallets or shipping containers. Due to the strength and size of front loaders (they can weigh several thousand pounds), they must be operated carefully to avoid catastrophic accidents from occurring.

Indeed, there are specific rules and regulations for the safe operation of front loaders and other heavy machinery construction equipment.  The Department of Labor’s Occupational Safety and Health Administration (OSHA) has specific guidelines relating to the building, use and care of heavy construction equipment such as front loaders.  For example, the Code of Federal Regulations, 29.CFR. 926.1001, defines the “minimum performance criteria for rollover protective structures” for heavy equipment such as front loaders.  Top Chicago construction accident or injury lawyers are familiar with OSHA regulations, and can identify violations that may have caused the serious injury or death on the construction site.

Though front end loaders are useful around construction sites, making it easy to move and transport large, heavy materials without pushing or dragging the materials on the ground, they are fatally dangerous, if not used properly and in accordance with applicable regulations.   Because the heavy materials being moved are carried in the front, and in some cases, in the front and up high, balance and safety mechanisms are key.  Construction sites are not necessarily smooth roads, so rollovers are a risk, as is the load falling back onto the driver.

It is important to note that not only the operator of a front loader is at risk of severe injury, but so are those other construction workers on the construction site.  For example, other construction workers on the construction site’s ground level easily could have been killed by the Bobcat front loader that fell several stories recently.  Uneven surfaces can cause loads to shift and fall in front, injuring other workers. The large bucket can obstruct views of what is in front of a front loader, especially if the bucket is not in a raise position.

This is why it is so critical for property owners, contractors, subcontractors and manufacturers to comply with all applicable rules and regulations pertaining to heavy machinery on construction sites.   Responsibility for complying with OSHA and other regulations lies with, not only the construction worker, but also with his or her supervisors, subcontractors, contractors and others.  Had those regulations been followed, maybe the recent tragic accident involving the man killed in a front loader would have been prevented.  Note:  in cases where the front loader or other piece of heavy machinery did not function properly or was otherwise defective, there may be a product liability action against the manufacturer or distributor.  In any serious construction site accident, it is important to contact an experienced personal injury and construction accident lawyer well versed in OSHA  equipment guidelines, state laws and case history.  Contact one of Passen Law Group’s construction accident attorneys today at (312) 527-4500 for a free consultation.

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Construction Site Falls – Scaffold Injuries

Monday, July 13th, 2009

construction scaffold fall 300x227 Construction Site Falls   Scaffold InjuriesFalls are the most common type of construction site accident, especially falls from scaffolds. According to the Occupational Health and Safety Administration (OSHA), there are more than 50 deaths and 4500 injuries from scaffolding falls each year.

Construction workers who fall several stories from scaffolding are often seriously injured, resulting in hospitalization or even death. Therefore, there are strict construction site guidelines and safety regulations to prevent such injuries. One of the main safety measures to prevent injury from falls at construction sites is “fall protection” equipment. Despite the various safety measures, construction workers continue to sustain serious injury in falls or other construction accidents.

Construction sites are often littered with tools, metal bars in a vertical position and other objects that can impale construction workers. Injuries from scaffolding falls include spinal cord injuries, traumatic brain injuries and concussions. Workers may sustain serious injury or death when beams from the scaffolding detaches and falls, striking a construction worker several stories below.

If you or a loved one has been seriously injured as a result of a scaffolding accident, it is critical to contact the best construction accident lawyer. It is possible the scaffolding was improperly constructed, or poor or even no safety training was provided.

OSHA defines scaffolding as “any temporary elevated platform (supported or suspended) and its supporting structure (including points of anchorage), used for supporting employees or materials or both.” The Code of Federal Regulations (“CFR”) Section 29 1926.451 provides specific rules and regulations for scaffolding, including scaffold capacity, spacing allowed between planks, guard rails and prohibited items, such as barrels and ladders that workers may step on to reach a higher area.

Scaffolds must be capable of supporting, without failure, at least 4 times their maximum intended load, or 4 times the “total load of all persons, equipment, tools, materials, transmitted loads, and other loads reasonably anticipated to be applied to a scaffold or scaffold component at any one time.” A recent Department of Labor Study attributes 72 percent of scaffolding injuries to the planking or support giving way, or to the employee slipping or being struck by a falling object.

Injuries as a result of scaffolding falls may be the result of negligence, and more than one party may be held liable, depending on the type of management of the construction project. Entities that maybe held liable in a construction accident lawsuit include:

• Property Owners
• Contractors (including general contractors, prime contractors, and sub-contractors)
• Construction Managers
• Equipment Manufactures
• Equipment Suppliers
• Insurers

Only a top scaffolding attorney will know the right way to investigate your case, and identify all responsible parties to ensure you receive full compensation for your injuries. Although the injured construction worker may have a Workers Compensation action against his or her employer, there may also be a “third-party” civil action against other entities — and a top construction site injury lawyer will pursue all available avenues to ensure the client (and his or her family) receives the maximum compensation available under the law.

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Chicago Construction Accident – Steel Pylon from Crane Kills Engineer

Friday, June 12th, 2009

Chicago construction crane accident1 300x225 Chicago Construction Accident   Steel Pylon from Crane Kills Engineer

According to today’s Chicago Daily Law Bulletin, the family of a 24-year-old engineering inspector settled a Chicago construction accident and wrongful death action.  The Chicago engineering inspector was killed when he was struck by a steel pylon that fell from a crane.

The 24-year-old man from Chicago was apparently working at a construction site of an Illinois Department of Transportation project on the Kingery/Borman Expressway as part of a pile driving operation at the time of the accident. A pylon broke free during the hoisting process and struck the man, causing his death.

The man’s family alleged that the subcontractor on the project was negligent in failing to clear workers from the area. Further, the family alleged that the crane operator carelessly failed to watch the load while operating the crane. The general contractor was not required to pay any of the settlement amount.

Because the accident occurred in Indiana, just across the Illinois-Indiana border, the defense argued that Indiana law should apply to the case, which would have capped damages at $300,000. Nonetheless, the parties were able to reach a fair settlement in the Chicago construction accident and wrongful death lawsuit.

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