Construction Worker Injury Claim

Construction Worker Injury ClaimsConstruction workers work in one of the most dangerous occupations in the United States. According to the U.S. Bureau of Labor Statistics, an average of 12 construction workers are killed on the job each and every day. The leading causes of worker deaths on construction sites were falls, followed by struck by object, electrocution, and caught-in/between.

While working construction jobs, construction workers have to take many safety precautions to avoid being injured while at work. Most states have regulations concerning on-the-job safety training for construction companies. However, if a construction company fails to provide adequate safety training for its employees and an employee becomes injured on the job, the company may be liable for the worker’s injuries.
In most cases the employee can sue their employer even if it was the worker’s own fault that they suffered the injuries.

In order to win a personal injury lawsuit for harm caused by improper safety training, a worker must prove three elements:

  • That the defendant had a duty to provide adequate safety training to the worker
  • That the defendant breached that duty
  • That the breach caused harm

In order for an employee to win a lawsuit against their employer based upon failure to provide safety training, the company must have had a duty to provide safety training to the worker, not all companies involved in construction have a duty to provide safety training for their employees.

In general, if an employer has an employee perform a certain task, the employer has an obligation to ensure that the employee knows how to perform the task safely.

Construction accidents can lead to serious injuries, including permanent disability and death. Some of the most common injuries suffered by construction workers are amputations, burns, fractures, brain injuries, spinal cord injuries, joint injuries, crush injuries and internal organ damage.

In personal injury cases involving these types of claims, it is critical that the injury was due to the employer’s negligence to provide safety training to the employee.

The most common types of damages in a Construction Worker Injury Claim include:

  • Medical expenses
  • Lost wages (for time missed from work due to the injury)
  • Pain and suffering
  • Loss of normal life (the decreased quality of a person’s life as a result of the injury)

If you’ve been hurt in a construction accident, our Rhode Island Personal Injury Attorney can assist you to explore your legal options and determine if you have grounds to file a lawsuit. Our Rhode Island Law Firm and team of experienced personal injury lawyers are extremely knowledgeable about Construction Accident Litigation.

You’ll find the help you need at the Law Offices Of Ronald J. Resmini, where we have been successfully representing people in personal injury cases for more than forty years.

Our Personal Injury Lawyers have all been designated as “Super Lawyers” or “Rising Stars” by Super Lawyers Magazine. Ronald J. Resmini has earned the highest possible rating from Martindale-Hubbell and is a member of the Million Dollar Advocates Forum.

We have won millions of dollars in successful verdicts and settlements for our clients. We are a top-notch Rhode Island Law Firm that knows the various options available to you when filing a work related injury claim.

Call the Law Offices Of Ronald J. Resmini today to schedule your free consultation with a Rhode Island Personal Injury Attorney. Pick up the phone and call us now at (401) 751-8855.

Personal Injury Attorney Rhode Island – Discusses Workers Compensation

Personal Injury Attorney Rhode Island Construction Workers at Higher Risk for Accidents Leading To Workers Compensation

Personal Injury Attorney Rhode Island - Discusses Workers CompensationWorkplace injuries can occur in any business or industry. Construction workers have one of the highest worker injury rates of any occupation in the United States. The US Department of Labor Statistics reports that in 2013, 4,585 construction workers were killed on the job, one in five worker deaths last year were in construction. This why you need to know your workers compensation rights.

According to the American Public Health Association, almost all construction workers will sustain injuries on the job at least once in their lifetimes. Data from the Occupational Safety and Health Administration (OSHA) shows that one in ten construction site workers are injured every year. According to the Bureau of Labor Statistics, there are approximately 150,000 construction site injuries each year. Workers between 25 and 34 years old are the most likely to be injured in a construction site accident, and according to OSHA, falls are the leading cause of injury at construction sites.

A construction site accident can cause serious, life-threatening injuries such as: head injuries, brain injuries, burns, blindness, loss of limbs, spinal cord injuries, disfigurement, and even death.

The majority of construction accidents are the result of OSHA violations.

Common violations include:
• Lack of fall protection
• Defective wiring and equipment
• Unstable ladders and scaffolding
• Lack of respiratory protection
• Failing to warn construction workers of hazards in specific locations
• Unsafe heavy equipment and trucks
• Site hazards including gas pipes and electrical lines
• Allowing workers to use equipment without safety guards
• Falling objects
• Missing barricades used to block off trenches and excavations

When a construction worker gets injured on the job, they may be eligible for Workers Compensation, it is estimated that 15 percent of Workers Compensation payouts are for injured construction workers.

Unfortunately, Workers Compensation benefits usually don’t provide enough money to cover the injuries sustained, in part due to the fact that most injuries involving construction workers are injuries to their backs, spines, and trunks. In some cases the injured worker may be eligible for additional compensation as well.

If you or a loved one has been seriously injured, or a loved one killed, in a construction accident, let our Personal Injury Attorney Rhode Island help you navigate the complex legal proceedings.

You’ll find the help you need at the Law Offices Of Ronald J. Resmini, where we have been successfully representing people in personal injury cases for more than forty years.

Our Personal Injury Lawyers have all been designated as “Super Lawyers” or “Rising Stars” by Super Lawyers Magazine. Ronald J. Resmini has earned the highest possible rating from Martindale-Hubbell and is a member of the Million Dollar Advocates Forum.

We have won millions of dollars in successful verdicts and settlements for our clients. We are a top-notch Rhode Island Law Firm that knows how to defend complicated cases such as Workers Compensation.

Call the Law Offices Of Ronald J. Resmini today to schedule your free consultation with a Personal Injury Attorney Rhode Island. Pick up the phone and call us now at 401.751.8855.

Workers Compensation Attorney Rhode Island – Tips to Make Certain Your Claim is Paid

Workers Compensation Attorney Rhode Island: Tips to Make Certain Your Workers' Compensation Claim is PaidIf you were injured while at work, you may be entitled to receive workers’ compensation benefits until you’re able to return to work. Workers’ Compensation Insurance Companies typically look for ways to minimize the amount paid out on claims.

Here are some tips from a Workers Compensation Attorney to follow to reduce your chances of being wrongly denied Workers’ Compensation Benefits.

*Report Your Injury Immediately*
Report your injury immediately, you generally have a short period of time to report work related injuries. Failure to do so might result in a loss of benefits, you may still be eligible, however it is best to report the injury immediately to your supervisor because your claim may be denied for not being reported within the designated time frame. It’s also important to report your injury immediately so you have the chance to get benefits sooner.

*Get the Names of Witnesses*
Make certain to get the names and contact information of anyone who witnessed the accident that caused your injuries. You may need to witnesses to prove that you were actually injured on the job and not somewhere else in order to make a Workers Compensation Rhode Island Claim.

*Get Medical Treatment If Needed*
If you’re injured on the job and it is an emergency, ask to be taken to the emergency room immediately. If you get hurt at work and it is not a medical emergency, make an appointment with the doctor. Do not wait to seek medical treatment, the insurance company may assume that you weren’t that hurt if you don’t seek medical treatment immediately after the injury.

*Explain How You Got Hurt to Your Doctors*
When you see any medical personnel for your work injury, clearly and accurately explain how you sustained your injuries. Always make certain to state that the injuries happened at work. The workers’ compensation insurer often will rely on the first report of injury to determine eligibility for benefits.

Sometimes you can get hurt without any specific traumatic event that caused your symptoms. In such a case, it is possible that repetitive stress or overuse caused your symptoms. If you are injured at your job and you think that overuse caused your injury, you should report that.

*Fill Out Accident Report Forms Accurately*
If you have to fill out an accident report at work, make certain to fill out the accident report accurately. If you don’t feel well or you’re on medications when your employer asks you to fill out the accident report, do not fill the report out until you feel better and are able to concentrate.

*Your Statements Must Be Consistent*
If your statements regarding your injury are inconsistent, there is a possibility that your claim will be denied. Make sure that when discussing the injury and the accident that your statements are all consistent.

*Sign a Limited Medical Authorization to the Insurer*
You may be asked by the insurance company to sign a release allowing them to get copies of all of your medical records. Do not sign the release unless it is a limited release. The limited release should only give authorization for the insurance company to get medical records related to your work injury. Do not sign any other type of a release or give authorization without speaking with an experienced Workers Compensation Attorney Rhode Island.

*Do Not Give a Recorded Statement to the Insurer*
Most insurance companies will ask you to give a recorded statement describing your accident and your injuries. In general, this is not a good idea. You should not give a recorded statement to the insurance company without consulting an experienced Rhode Island Workers Compensation Attorney.

*Attend Your Medical Treatment*
Follow through on your medical treatment. If you don’t follow through on medical treatments prescribed by your doctor(s), your benefits may be terminated because the insurance company will assume that your injury has healed.

If you or a loved one has been seriously injured, or a loved one killed, in at work, let our Rhode Island Attorney help you navigate the complex legal proceedings.

You’ll find the help you need at the Law Offices Of Ronald J. Resmini, where we have been successfully representing people in personal injury cases for more than forty years.

Our Personal Injury Lawyers have all been designated as “Super Lawyers” or “Rising Stars” by Super Lawyers Magazine. Ronald J. Resmini has earned the highest possible rating from Martindale-Hubbell and is a member of the Million Dollar Advocates Forum.

We have won millions of dollars in successful verdicts and settlements for our clients. We are a top-notch Rhode Island Law Firm that knows how to defend complicated cases such as Workers Compensation.

Call the Law Offices Of Ronald J. Resmini today to schedule your free consultation with a Workers Compensation Attorney Rhode Island. Pick up the phone and call us now at 401.751.8855.

Providence R.I. Circus Accident Brings Workplace Safety Concerns Into Focus

Providence R.I. Circus Accident Brings Workplace Safety Concerns Into Focus

The weekend accident in Providence R.I. that injured nine of the Ringling Brothers and Barnum and Bailey circus performers raises several questions as to the question of negligence and responsibility of the employer – Ringling Brothers – and the manufacturer of the equipment used in the performance. While the incident is still under investigation as of this date, Paul Doughty of the Providence Fire Department stated: “It was a single piece of equipment that failed”. According to Mr. Doughty, a carabiner – a 4-5 inch steel clip used in rock climbing and other weight-bearing activities – that is part of the metal apparatus holding the performers 40 feet above ground, snapped into three sections. The Federal Occupational and Safety Health Administration is investigating and a final report is still months away. In the meantime, as the performers recover from their serious injuries, some of which may be career ending, several questions need to be addressed.
Foremost, is the responsibility of the employer -Ringling Brothers- and additionally the question as to the safety of the device including the failed carabiner piece. For example, although the failed carabiner is rated to hold 10,000 lbs and the weight in this case was approximately 1600 lbs, continued use over time may lead to metal fatigue and therefore failure. The employer will need to address whether or not sufficient safety protocols were practiced such as a periodic check of the equipment, replacement schedule, and the apparent lack of backup systems in case of the failure of one part. The manufacturer’s responsibility will focus on design, weight ratings and backup systems. Another interesting question is the assertion that the custom apparatus that failed was designed by the circus troupes manager and manufactured elsewhere.
OSHA records show few investigations of the circus over the past twenty years. Risk is part of the entertainment attraction of circuses thus resulting in less common application of safety procedures like safety nets below the performers. In 2004, a Ringling Brothers acrobat was killed when the scarves that were used as part of the act failed leading to her falling 30 feet to her death. The accident was not investigated by OSHA because “ risk was part of the act” according to an OSHA spokesperson. In this case OSHA is investigating, leading to the question of why now?
Each of the injured performers should consult with a Rhode Island based law firm with experience in work place injury law and accident claims. Documenting medical claims, lost work time, future earnings loss and the probability of future health issues is all critical at this juncture. The unique circumstances surrounding this event including the impact of the future OSHA report all need to be weighed. Typically cases such as this that involve multiple claims and extraordinary circumstances are best handled by a law firm with sufficient experience in large, complex personal injury legal issues. Please call the Ronald J. Resmini Law firm of Providence at 1-401-751-8855.