Portland Construction Accident Attorney
Portland construction accident attorney, Travis Mayor, is an experienced personal injury lawyer who knows how to navigate the legal and insurance processes, to obtain justice and maximum compensation for those who have been seriously injured in a construction accident — you don’t have to face the insurance company or the legal system alone to obtain fair and equitable compensation. You have the right to work in a safe environment!
The law requires employers to provide employees with a workplace free of known health and safety hazards.
At Mayor Law, we have in-depth knowledge of the laws and legal procedures affecting construction accident victims. Should a trial be necessary, you will want an experienced Portland Construction Accident Lawyer who can effectively research and document the facts, obtain supporting expert witnesses, and present your case to an Oregon jury. Contact us to schedule a free case evaluation or call (503) 610-0005.
If you are a construction worker who has been seriously injured on-the-job, you have probably been told the only compensation you can receive for your injuries will come from your employer’s workers’ compensation insurance. While workers’ compensation is generally the only recourse injured employees have against their employer, there are many situations in which you can sue and recover damages for your on-the-job injuries outside of the workers’ compensation system. This is known as a third party claim. A third party claim arises when the injury is caused by the negligence of someone other than your employer and its employees, i.e., a third party.
- You were injured by the negligence of a general contractor or subcontractor while working on a construction site. You may be able to bring an ELL claim against the other contractor under Oregon’s Employer Liability Law (“ELL”).
- You were injured by dangerous conditions existing on the land where you were performing your job. You may be able to bring a premises liability claim against the landowner.
- You were injured by a defective piece of equipment or machine while on the job. You may be able to bring a product liability claim against the manufacturer of the equipment.
- If a third party directly injures you while on the job, you may be able to bring a personal injury lawsuit against that person. For example, this occurs frequently when an employee who is driving for work, is involved in a car accident caused by another driver.
- You were injured by a toxic substance while on the job. You may be able to bring a toxic tort claim against the manufacturer of the dangerous substance.
What types of accidents occur most often at construction sites?
Construction accidents lead to very serious injuries requiring substantial medical treatment, rehabilitation, and ongoing care. According to the National Safety Council, the annual cost of workplace injuries is an astounding $198 billion. The most common injury causes include:
Falls from Elevation. Falls are the number one type of accident experienced on construction sites and account for 40% of all construction accident injuries. Falls are also the second costliest construction injury. Typically, falls occur from unsecured ladders, collapsing ladders, concrete forms, scaffolding, movable platforms, collapsing surfaces, ramps, unprotected floor openings, and wall openings or unprotected building edges. Oregon and US OSHA regulations[2] clearly establish the employer’s responsibility to ensure that all construction walking or working surfaces have the structural integrity to support employees safely and that employees are protected from falling through holes or falling from edges that are under construction. To protect workers, employers must:
- Provide personal protective equipment. OSHA requires employers to provide personal protective equipment when it is used to comply with OSHA standards. Personal protective equipment includes hard hats, gloves, goggles, safety glasses, welding helmets and goggles, face shields, chemical protective equipment, breathing apparatus, and fall protection equipment;
- Cover floor openings or erect personal protection barriers around openings such as skylights, elevator shafts, HVAC or utility shafts;
- Routinely inspect construction activities to ensure safety measures are adequate, in place, and being followed.
Electrical Shock. Typically, electrical shocks occur when safety procedures or practices are bypassed. These can be caused by poor installation practices such as failing to ground equipment, bypassing safety interlocks, or not using proper Lock-Out-Tag-Out (LOTO) procedures. In addition, many electrocutions are the secondary result of other accidents such as a crane striking high voltage power lines, or a truck backing into an electrical transformer.
Struck by Object. Another major cause of construction injuries results from workers being hit by moving objects. Workers can be hit by falling objects such as tools, discarded material, or unsecured construction materials; by moving equipment such as cars, trucks, cranes, construction elevators, or forklift trucks; or by equipment under high pressure such as hydraulic hoses, and pumping equipment.
Caught-in or Between. Crushing injuries are frequently the result of a worker being caught in or between moving equipment and a fixed barrier. Typical crushing accidents occur as a result of operators carelessly moving equipment and crushing a worker in the process. Crushing injuries are one of the costliest types of injury.
Powered Industrial Truck Injuries. Each year OSHA statistics chronical over 34,900 serious injuries from powered industrial trucks (forklifts, front end loaders, etc.). Typical injuries arise from rollover accidents, striking other workers, or dropping loads on other workers. These accidents produce crushing injuries, broken bones, fractured bones, and even wrongful death.
Machine or Equipment Failure. Equipment failures cause many types of injuries that result in very serious injury or death. For example, a hoisting sling breaks or becomes unstable dumping material on workers; a crane cable breaks causing the load or crane to fall; a high-pressure tank ruptures because of operator error or faulty safety shut-offs.
Thermal and Chemical Burns. Burns are very serious injuries that may require a lifetime of medical treatment and therapy. Employers in construction environments are responsible to provide specific safety procedures and training, personal protective equipment, and general fire safety equipment in order to provide a safe workplace. In spite of these actions, thousands of construction fires occur annually. When burn accidents occur they are usually the result of improper handling or storage of flammable materials and caustic chemicals, such as cleaners, solvents, and adhesives, in an environment of grinders, blow torches, welding, and propane heaters. The severity of burn injuries can be intensified by the lack of general safety equipment such as eye wash stations, deluge stations, or proper fire extinguishers. Chemical burns are especially dangerous because they can injure or completely damage the eyes, lungs, and face.
Construction Accident Injuries
Typical construction accident injuries include:
- Broken and fractured bones – foot, arms, legs, ribs, and hands.
- Head, skull, and brain injuries – traumatic brain injury, concussion, skull fracture, hematoma, hemorrhage, brain edema.
- Severed Appendages – foot, fingers, hands, and arms.
- Muscle injuries – damage to muscles, ligaments, and tendons.
- Burns – eyes, lungs, face, and hands.
- Crushing Injuries – foot, arms, hand, chest.
- Wrongful death
“I have reached final settlements that were 10x times greater than the initial offers simply because we do not shy away from litigating cases.” – Travis Mayor
Construction Accident Frequently Asked Questions (FAQ)
[sp_easyaccordion id=”22576″]
Getting Results for Injured Workers in Oregon
At Mayor Law, it is our goal to help the families of Oregon construction accident victims achieve justice and restore their lives. Portland construction accident attorney, Travis Mayor will help you by reducing the hassle, complexity, and anxiety of navigating the legal process, while maximizing your financial compensation. Travis Mayor has recovered millions of dollars for families of Oregon personal injury victims. For every Oregon client who has suffered through a serious construction accident injury, Travis offers personal service with proven results.
Contact us today for a free, no-obligation consultation and case evaluation. At Mayor Law, LLC, we understand the legal implications of a construction injury lawsuit. More importantly, we understand your family’s anxiety, anger, and pain. We use our experience, knowledge, and resources to build a strong case and secure the compensation you need to overcome the injury for potentially years to come.
Articles of Interest
- Oregon OSHA
- Oregon OSHA Construction Rules (Division 3)
- How to report safety hazards at your place of work.
[1] Source: https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=10757.
[2] Source: https://www.osha.gov/workers/index.html#2.
[3] Source: http://www.cbs.state.or.us/osha///standards/fatals/pdf/descriptions/acc_fatal_cal-yr14.pdf.
[4] Source: https://www.osha.gov/workers/index.html#2.
[5] Source: http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2491397/.