Construction Accidents and Defective Heavy Equipment
Construction accidents are devastating due to the severity of their injuries on those present on the site. Construction sites are extremely hazardous; they are even more so when safety protocols are not thoroughly followed or when equipment does not function properly. When heavy equipment is defective or malfunctions and a construction worker is injured or killed; as a result, any or all parties involved in the design, manufacturing, or marketing of that piece of equipment may be held liable. Construction Equipment Commonly Involved in Product Liability Cases Nearly any type of heavy equipment used in construction can be the subject of a product liability case, as long as the construction worker injured by the equipment was using it for its intended purpose at the time of the accident. Common types of heavy construction equipment that might be defective include: Bulldozers Excavators Pavers Pile drivers Backhoe loaders Track loaders Cherry pickers Cranes Forklifts Drilling machines Tractors Harvesters Material handlers Dump trucks Wheel dozers Articulated haulers Steam shovels Graders Pipelayers Skid loaders Compactors A flaw in any machinery or equipment can be dangerous; however, these types of heavy equipment rely on the absolute precision of their parts to be as safe as possible. Any defects in their parts can lead to catastrophic injuries and even deaths, although everyone might have followed the strictest safety protocols. The Doctrine of Strict Liability in Defective Product Cases In many construction accidents, injured victims and their families are limited in their rights to seek damages by workers’ compensation laws. However, when third parties such as manufacturers become involved, the rights of workers expand considerably. In defective product cases, the victims’ rights expand even further as the doctrine of strict products liability comes into play. According to this doctrine, it is unnecessary to provide evidence of a specific act of negligence of the designer, manufacturer, or other parties responsible. The defect that caused the injury to the construction worker who used the defective piece of heavy equipment – the flaw is evidenced enough of that negligence. What our lawyers must show is that: The design, manufacturing, or marketing defect did, indeed, exist and could not possibly have been foreseen by a reasonable person; The equipment was being used for its proper and intended use by a worker trained, skilled, and approved to use it; The design, manufacturing, or marketing was defective, causing the accident. The worker operating the equipment and other people in the vicinity of that piece of equipment was injured as a result of the accident; Therefore, the party or parties involved with the design, manufacturing, and marketing of the equipment are liable for damages resulting from the accident. Contact Flickinger Sutterfield & Boulton for an Evaluation of Your Case If you’ve been involved in one or more construction accidents and require compensation for your injuries, contact Flickinger Sutterfield & Boulton today. We have years of experience fighting for our clients and their needs. If you’re ready to take the next step towards fair compensation, contact us today for a free evaluation of your case and to learn more about this legal process. We have offices across Utah County in Provo, Orem, and Saratoga Springs, Utah. We serve all residents of Utah who have been involved in a personal injury accident, including car accidents, workers’ compensation, and abuse.
Workers’ Compensation: How Long Does it Take to Receive Benefits?
After suffering a severe injury at work, many people rely on workers’ compensation benefits to help cover necessities as part of recovery. While these benefits may not be as much as regular work wages, they allow an injured individual to heal without experiencing undue financial burdens in the process. Keep reading to learn more about when your compensation benefits will kick in and what you can expect regarding payment schedules and so forth. When do Workers’ Compensation Benefits Start? According to Utah state lawn, insurance carriers have 21 days after learning about your work injury to either: Begin compensation payments. Deny your claim. Inform you that additional investigation is required. In cases where further investigation is necessary, the insurer will have an additional 24 days to determine if they will accept or deny your claim. Given the timeframes involved in Utah by law, it’s always best to initiate this process of seeking compensation soon after your accident. Reporting Your Injury and Filing Your Claim Once you have sustained an injury at work, be sure to inform your employer as soon as it happens. Doing this will get the workers’ compensation process moving sooner rather than later. Your employer must file paperwork, and you will need to undergo a doctor’s exam. Obtaining proper documentation of your injury will help you receive benefits sooner. How Long Will Workers’ Compensation Benefits Last? The payment schedule of compensation will depend on the nature of your injury. In Utah, the maximum amount of time for temporary partial benefits and permanent partial disability benefits is 312 weeks. Depending on the injury and its severity, not all injured workers will require or use Utah state law’s maximum amount of time. What If There Is a Denied Claim or Delay? If the company denies your claim, you can appeal the denial to receive compensation. The appeals process will add time to the overall start of receiving benefits, however. Since it can take 21 days for an initial response, 24 days after that in cases where additional investigation is required, and even more time for the appeals process, a person can be months away from their injury without receiving any benefits. Contact the Attorneys of Flickinger Sutterfield & Boulton If you’ve had your workers’ compensation claim denied or require legal assistance with these issues, our attorneys are here to help. We can go over the reasons for the initial denial of your claim and suggest actions to receive your rightful injury benefits. Having experienced litigators on your side can avoid unnecessary delays and numerous headaches regarding the process. To learn more about compensation benefits and other issues related to workplace accidents and recovery, be sure to contact our team of work injury lawyers. The attorneys of Flickinger Sutterfield & Boulton are here to help you in your time of legal need. We have offices in Provo, Orem, Saratoga Springs, and West Jordan and serve Utah citizens all over the Utah and Salt Lake Valley.
What are Current OSHA Regulations for Construction Workers?
Every worker deserves to work in a safe and non-hazardous environment. Fifty years ago, the federal government enacted legislation to protect workers, and the Occupational Safety and Health Administration (OSHA) enforces these laws. These safety protocols benefit both employees and employers. Continue reading to learn more about OSHA. Information on OSHA OSHA enforces standards for varying workplace sectors, which include general principles of safety as well as more workplace-specific standards for fields like construction. Furthermore, this organization is continuously researching new rules to improve workplace safety and address new potential threats. Every workplace must implement OSHA’s standards because if employees feel unsafe and uncared for, then their productivity will suffer. Benefits of employee safety include: Less sick days requested Impressing your customers Providing superior service, which boosts customer loyalty Boosting staff morale In today’s blog, we will focus on OSHA regulations for construction workers. Fall Protection The problem: Every year, falls consistently account for the greatest number of fatalities in the construction industry. Several factors usually lead to falls, including unstable working surfaces, failure to implement fall protection equipment, and human error. Safety regulations: Cover floor holes Use safety net systems or personal fall arrest systems, such as body harnesses. Use aerial lifts or elevated platforms to provide safer elevated working surfaces. Ladder Safety The problem: OSHA estimates there are approximately 25,000 injuries per year due to unstable ladders in construction sites. Safety regulations: Always use the correct ladder for the task, and not the first available one. Make sure all ladders are tall enough to reach the work area safely. Never load ladders beyond the maximum intended load. Avoid using ladders with metal components near electrical work and overhead power lines to prevent electrocution. Regularly inspect ladders for noticeable defects. Preventing Trench Collapses The problem: Trench collapses cause hundreds of injuries each year, with a steady rise this past decade. Safety regulations: Never enter an unprotected trench. Make sure there’s a way to exit trenches, such as a ladder, ramp, or stairway. There should be no more than 25 feet of lateral travel for employees who have to work inside a trench. Keep spoils approximately two feet back from the trench’s edges. Inspect trenches after hazard-increasing events, such as rainstorms or earthquakes. Communicate All Hazards The problem: Failure to disclose the hazards associated with chemicals to your employees can result in chemical burns, fires and explosions, chronic respiratory problems, and more. Safety regulations: Place a Material Safety Data Sheet (MSDS) for each chemical in every building of your facility. Train employees on how to read this chart Provide clean-up kits in areas where you store chemicals in case of emergency. Provide personal protective equipment (PPE) and enforce its use. Train employees to clean up chemical spills, which includes teaching them how to protect themselves and properly dispose of hazardous wastes. Flickinger Sutterfield & Boulton is Here for You Although every employer must enforce OSHA’s safety regulations, they may not keep up-to-date with the latest protocols. If you’re a construction worker who was recently hurt on the job, you should pursue legal action to receive compensation for your injuries. The experienced personal injury attorneys at Flickinger Sutterfield & Boulton can help you collect damages for your suffering. We have offices throughout Utah County and West Jordan. Schedule your free case evaluation today.
Is Construction Work The Most Dangerous Industry?
Construction work is an inherently dangerous business. Each year, thousands of workers end up with severe or fatal injuries. Even a minor incident, such as forgetting to clean up a spill, can result in a broken back or fractured ribs. Discover the hazards of working in the construction industry. What Makes Construction Work Hazardous? The construction industry is infamous for being one of the most dangerous fields to work in. One out of every five workplace fatalities is construction-related, according to the Occupational Safety and Health Administration (OSHA). Furthermore, this type of work also results in thousands of non-fatal injuries that cost companies millions each year. Continue reading to learn about the most common construction-related injuries. Common Construction-Related Injuries Falls are the leading cause of death in the construction industry because employees usually work from great heights. Other hazards include: Cave-ins Collapsing trenches Electric shock Strikes by falling objects Fires and explosions Respiratory issues as a result of inhaling debris Back injuries due to heavy lifting Skin diseases resulting from sun exposure and handling hazardous waste Hearing loss from long-term exposure to noisy machinery Repetitive motion injuries, such as carpal tunnel syndrome Construction Worker Fatality Statistics Out of all worker deaths in 2018, construction, transportation, and material moving workers accounted for 47 percent, according to the U.S. Bureau of Labor Statistics. The four leading causes of construction worker fatalities are: falls, electrocution, being struck by an object, and getting caught in between two large objects. These accidents are known as the “fatal four,” and they’re responsible for 60 percent of construction worker deaths, according to OSHA. Of all industries, construction experiences most fatal falls, accounting for 51 percent of all falls in the U.S., according to the Center for Disease Control (CDC). Companies with less than ten employees and those who are self-employed account for half of all deaths on construction sites, according to the CDC. In the span of a 45-year career, there’s a 1 in 200 chance a construction worker will die from an accident in the workplace, according to Safety & Health Magazine. Non-Fatal Injury Statistics One in every ten construction workers is injured each year, according to OSHA. Approximately half of the severe workplace injuries go unreported every year. Heavy lifting is the leading cause of strain injuries in construction, according to the Center for Construction Research and Training. Workers who are between the ages of 25-34 are most likely to experience injuries, according to LaborPress. What Should Construction Companies Do to Protect Workers? Construction companies have a duty of care to provide safety and health training to their employees. Additionally, they must conduct regular inspections and update equipment as needed. Although these steps don’t adequately protect workers, they eliminate most of the hazards associated with falls, electrocution, and falling objects; this can save thousands of lives each year. Flickinger Sutterfield & Boulton Is Here for You If you or a loved one were injured in a construction accident, you might be eligible for workers’ compensation. Unfortunately, the employer’s insurance company may try to minimize your injury, usually resulting in less compensation than you need. At Flickinger Sutterfield & Boulton, we help injured workers, and the family members of wrongful death victims receive the financial compensation they deserve. Schedule a free case evaluation today.
How Can You Prove Wrongful Death?
When someone passes away, it takes an emotional toll on their family. Moreover, it can lead to financial hardship. Fortunately, laws in every state can help ease financial problems if a person is legally responsible for causing the victim’s death. What must you prove to be eligible for damages? Discover more information on wrongful death claims. What Is a Wrongful Death Claim? A wrongful death claim is a lawsuit filed by a plaintiff for monetary damages. If another person’s negligence causes someone’s death, the surviving family members can file a civil lawsuit requesting damages from the negligent party. Once they file a lawsuit, they must prove several elements of the wrongful death claim before they can receive damages. Continue reading to find out what you must prove to receive compensation. Who Can File a Wrongful Death Claim? The person who files the civil lawsuit is called the plaintiff. In a wrongful death case, the plaintiff is usually a family member who brings the claim to court on behalf of the deceased person’s heirs. The negligent person is known as the defendant. In law, negligence is a failure to take reasonable care to avoid causing injury or loss to another person. The claim will allege the defendant acted negligently or intentionally and was responsible for the victim’s death. Establishing Proof in a Wrongful Death Case Not only does the plaintiff need to prove the defendant acted negligently, but they must also prove said negligence caused the victim’s death. They must present the following three elements: Duty of Care: The plaintiff needs to determine the defendant owed a duty of care to the victim. For instance, if the victim passed away due to a car crash, the plaintiff is responsible for proving the defendant had an obligation to obey road rules. Breach of Duty of Care: Moreover, the plaintiff must prove the defendant neglected their duty of care. In the car accident example mentioned above, they must show the defendant didn’t follow traffic laws, which is a breach of their duty of care as a driver. Causation: It’s not enough for the plaintiff to prove the defendant broke the law or breached their duty of care. Additionally, they must also show the defendant’s actions directly resulted in the victim’s death. Let’s say the defendant ran a red light in the aforementioned car accident example. They may not be found responsible for the victim’s death if it was caused by another factor, such as a mechanical failure in the deceased person’s car. To prove each of the above elements, the plaintiff must also meet the burden of proof. The court will ask them to prove the elements of negligence based on preponderance; this places the focus on having convincing evidence, rather than quantity. Flickinger Sutterfield & Boulton Is Here for You No matter the circumstances, losing a loved one, is a terrible experience. At Flickinger Sutterfield & Boulton, we know nothing can erase the pain of losing someone dear to your heart. However, filing a wrongful death claim can help you hold those responsible accountable for their negligence. Our compassionate wrongful death attorneys are here for you. Schedule a free case evaluation when you’re ready.
Liability in Construction Sites
Construction is an inherently dangerous industry. Workers are expected to perform strenuous physical labor, sometimes at great heights or carrying heavy machinery. Non-worker bystanders and other pedestrians run the risk of injury by falling debris and other dangers. The number of situations that can go awry is infinite. Each year, there are more reported work-related injuries in construction than in other industries. Although the construction industry comes with several risks, this does not mean that it’s impossible to be safe while on site. The Occupational Safety and Health Administration (OSHA), which is a division of the Department of Labor, provides safety standards that every employer in the country must follow. Construction Worker Injuries OSHA has dubbed four categories of construction worker injuries “the fatal four” because they constitute approximately 60% of all construction worker deaths. The four injuries are falls, electrocutions, “struck by an object,” and “caught-in-between.” A worker does not necessarily need to suffer an injury on the job to be able to file a lawsuit. Minor injuries may entitle a worker to compensation for injuries. The most crucial factor that will influence a worker’s potential recovery in a lawsuit is whether workers’ compensation rules apply. Workers’ Compensation All 50 states have a form of workers’ compensation in place. Under these rules, when an employee is injured on the job, the employee is entitled to compensation for their injuries—even if the employer did not act negligently. While workers’ compensation should be taken into serious consideration when you’re injured, you’ll only recover a small amount of money through a workers’ compensation case than you would recover in a standard injury lawsuit. Workers’ compensation rules are more of a compromise, and it’s a no-fault system. Non-Worker Injuries It’s not only workers who run the risk of being injured in construction sites, but it’s also people who are just walking by that can be injured. Falling debris can hit pedestrians. Unmarked roadway construction often leads to collisions. An innocent child can unknowingly wander into a construction site and become injured. General contractors typically have a duty to at least warn the public of dangerous construction conditions. In certain situations, contractors should go above and beyond, such as making their working conditions safer. Depending on your state, if a contractor fails to take the proper safety precautions, the contractor will be held liable for any injury resulting from the failure. However, liability is not automatic in other states, but the injured person can use the failure as evidence to prove that the contractor should be liable for injuries. Personal Injury Lawsuit Workers’ compensation laws do not apply to every lawsuit brought by an injured worker. Laws vary by state, but generally, workers’ compensation rules only apply between a worker and his or her direct employer. For example, if an employee of a subcontractor is injured on the job, and the worker sues the subcontractor, then workers’ compensation will apply. On the other hand, if the worker needs to sue the manufacturer of the faulty equipment, then workers’ compensation will not be sufficient. Personal injury law is complex, and you deserve the appropriate amount of compensation. Do not settle for workers’ compensation if you feel that justice hasn’t been served. Contact Flickinger Sutterfield & Boulton today to work with experienced personal injury attorneys.
Who is Liable When Construction Equipment is Defective?
Construction defects occur whenever finished or partially finished construction fails to perform adequately as required by contracts or accepted standards. These defects can be the structurally deficient concrete, the bridge whose cables flex and snap, the adhesives that refuse to bond, the paint that keeps peeling, the roof that won’t stop leaking, and several other scenarios which can pose a threat to your life. Obvious vs. Latent Defects Construction defects can either be obvious or latent. Defects such as coating failures and undersized beams are typically apparent during construction when liability is clear, and the cost of correction is minimal. Most failures are latent, which means that the defect exists at the time of construction but goes undetected until after construction is completed and its systems are in use. Latent defects may not even be noticeable until several years after. An example of a latent error is a structural beam that meets the specific size, color, and grade requirements. While this beam might sound adequate, its strength might be too weak. Even worse is when latent defects are progressive. This occurs when a latent defect gradually becomes worse over time, such as when the structure and it’s systems are subject to wear and tear or can be impacted by natural forces. Some examples of latent defects include: Roofs that over time cause damage to building components and cause mold growth Pavement that loses its strength due to gradual loss of supportive subgrade Feeble concrete that eventually deteriorates over several freeze-thaw periods Defect vs. Manifestation of Defect Defects are often different from the manifestation of the defect, but both most be corrected. Manifestation is the apparent condition of the structure, a component, or the materials that are caused by the construction defect—these all provide evidence of a deeper problem. Underlying defects might be inappropriate materials, inadequate structural support, improper subsurface preparation, or small expansive joints. Additionally, movement of the supporting structure, the foundation, or the underlying earth can classify as manifestations of underlying defects such as improper foundation reinforcement, soil compaction, or shear wall attachment. It’s essential to detect both the defect itself and the manifestation of the defect, as only focusing on the symptoms will not correct the overarching problems. Contractor Liability A contractor’s obligations are clearly outlined by the construction contract, which provides the basis for liability if the contractor fails to perform as expected of him or her. Contractors are expected to present their work entirely in accordance with fully outlined plans and specifications. Although a contractor who complies with plans and specifications is usually not responsible for construction defects, a notable exception is when contractors were aware that a plan or specification was defective. Owner Liability Owners are quick to consider themselves immune from liability for construction defects and failures. According to the average owner, designers should have the capability of producing plans and specifications that are sufficient for their intended purposes, and the contractor is expected to execute those plans accordingly. However, owners have been found responsible for defects in construction sites in some cases. For example, an owner who utilizes a finished structure in a manner not contemplated in the design cannot complain if their usage results in structural failure. Typical is the situation where an owner overloads the building with machinery or other unusual loads. An owner’s misuse of the structure may be the cause of failure. Construction defects result in poor aesthetic and worse cases, the loss of human life. When a defect or collapse occurs, the contractors or owners may be exposed to liability. You’ll need a personal injury lawyer to help you fight in court. At Flickinger Sutterfield & Boulton, we have helped clients in a wide range of work-related injuries. Contact us today to get the compensation you deserve.
Social Security Disability
Social Security Disability CanProvide Relief from Financial Burdens If you develop a medical condition which prevents you from working, you may qualify for social security disability benefits. However, the application process can be complicatedand many applicants are initially denied benefits. An attorney can walk you through the process… Social Security Disability Lawyer Understanding Disability Benefits From Social Security A serious injury or medical condition can prevent you from working and earning the money you need to support yourself. If you have a total disability, Social Security provides disability benefits which can take the pressure off you and your loved ones. Unfortunately, a large percentage of claims are denied. *According to the Legislative Auditor General of Utah You may ask: How do I get the benefits I need? A Social Security Disability ATTORNEY CAN HELP Knowing your rights and understanding the system can make applying for disability easier. A Social Security disability lawyer can help you through the process to improve your chances of approval. At Flickinger Sutterfield & Boulton, we are dedicated to helping our clients throughout Utah receive the compensation they need to rebuild their lives. Whatever stage you are in the Social Security process, whether you are filling out your initial application or planning a second appeal, we can help. Initial case evaluations at our office are free of charge, so you can learn more about how we can help without a commitment. So How Do You Know if You Qualify? Social Security has very strict requirements for disability benefits and only offers these benefits to people who have a total disability, rather than a partial or short-term disability. To qualify, you must: In general, the Social Security Administration (SSA) will ask five basic questions to determine if you have a disability which qualifies for benefits. THESE FIVE QUESTIONS DETERMINE YOUR ELIGIBILITY Are You Working? Employees must meet a set limit of average earningsto be considered disabled. In 2018, if your earnings average more than $1,180 per month, you are generally do not qualify as disabled. Is Your Condition Severe? A severe condition is defined as one which limits your ability to do basic lifting, standing, sitting, walking, or remembering, and has lasted or is expected to last at least one year. Is Your Condition on the SSA List? The SSA maintains a list of medical conditions that they consider severe enough to prevent an individual from earning a sufficient wage. If your condition appears on this list, you are considered disabled by Social Security. Can You Do Your Work? Per the SSA requirements, a disability prevents you from performing the work you did previously. Can You Do Any Other Type of Work? To qualify for disability benefits, your condition must also inhibit you from all other types of work, based on your age, education, past experience, and transferable skills. Exceptions AND SPECIAL CONSIDERATIONS The SSA recognizes several special situations which require different criteria. If you are blind, have low vision, or are a veteran, your case may involve a separate process. It is important to discuss your options fully with an attorney so you know your rights. *According to the Social Security Administration Your Benefits Are Based ON YOUR LIFETIME AVERAGE EARNINGS Your disability benefits will depend on how much money you earned on average during the years you paid into Social Security. The SSA has a range of tools to help you estimate your benefits. Other government benefits, such as workers’ compensation, public disability benefits, or your pension, may affect your Social Security payments. Our team at Flickinger Sutterfield & Boulton can help you assess expected disability benefit payments. SOCIAL SECURITY ALSO PROVIDES: Medicare After two years of receiving disability benefits, you are automatically enrolled in Medicare. The SSA will enroll you in both hospital and medical insurance. Family Benefits Certain members of your family may also qualify for benefits on your record, including your spouse and children. Each family member may be eligible to receive up to 50 percent of your disability benefit amount. Work Incentives If you go back to work while on disability, you may qualify to keep your cash benefits and Medicare for a certain amount of time. These incentives can help you get back to work. You may be wondering what the application process looks like… THE APPLICATION PROCESS IS COMPLEX BUT WE CAN HELP YOU GET RESULTS THEY CONTINUED TO FIGHT… “Small team, huge impact! They’re only just now starting to expand because of their success, but they give you & your case the utmost attention and are relentless in getting you the best results. There were times I felt they “did enough”, but they continued to fight and then actually helped double the outcome when I didn’t think it was possible. I couldn’t recommend them anymore.” -Jared A.
Construction Accidents and Cranes
The Occupational Safety and Health Administration (OSHA) estimates that there are 125,000 cranes operating in the American construction industry. This equipment is essential for major construction projects, yet the dangers they pose to workers and bystanders can be significant. Construction accidents involving cranes can lead to catastrophic injuries and fatalities given the size and nature of this equipment. The Provo, UT lawyers of Flickinger Sutterfield & Boulton would like to consider the hazards posed by construction cranes and how we can help the victims and loved ones of these kinds of accidents. Statistics on Crane Accidents According to numbers from the Census of Fatal Occupational Injuries (CFOI), there have been 220 fatal crane accidents between the years of 2011 and 2015. By year, there were 37 crane fatalities in 2011, 47 in 2012, 43 in 2013, 48 in 2014, and 45 in 2015. Of all fatal accidents, 42 percent occurred in the private construction industry. Being struck by an object carried by the crane or struck by crane equipment itself was the most common cause of fatal injuries (112 fatalities between 2011 and 2015). Transportation incidents involving cranes and falls were the two other common causes of fatal injury between 2011 and 2015, each linked to 30 deaths. Finally, we want to note that in 22 percent of fatal accidents, the crane operator was killed; in another 22 percent of fatal accident, a worker performing tasks around the area of the crane was killed. Types of Accidents That May Occur There are numerous types of situations that result in crane accidents. OSHA notes that some of the most common reasons for crane accidents include: Mechanical failures Rigging failures Dropping heavy objects Striking employees and workers Striking building or other structures Overturning cranes Overloading cranes Colliding with power lines Boom collapses Using wrong type of crane Debris around the crane Poor weather Injuries Sustained in Crane Accidents The injuries that may be sustained in a crane accident can be severe. Even if a person survives a crane accident, they may suffer from severe head trauma, brain injuries, brain damage, neck and spinal cord injuries, broken bones, paralysis, and the loss of a limb. These injuries can have lasting impact on mobility, general wellness, and one’s ability to perform simple tasks each day. Crane accident injuries could impact your ability to perform your job again, and force you to change your career to accommodate your injuries. This could also mean years of costly medical care and physical rehabilitation. Determining Who Is Liable in a Crane Accident Liability in a crane accident can vary. If working conditions were unsafe, the people running the construction company may be held liable for putting workers at risk. Cranes themselves may be faulty to to design or manufacturing problems, which means the companies who made the cranes could be liable. It’s important that our lawyers consider all of the evidence in a crane accident. By determine the root cause or causes of the incident, liability can be established and negligent parties can be held accountable. Learn More About Construction Accident Lawsuits For more information about your legal rights and options after a crane collapse, fall, or malfunction, be sure to contact our team of construction accident and work injury attorneys. The lawyers of Flickinger Sutterfield & Boulton can be reached by phone at (801) 753-1616.
Repetitive Strain Injuries and Work
The National Safety Council estimates that an American worker is injured on the job every seven seconds. While not all of these injuries are serious or require medical attention, that’s a staggering number nonetheless. This is why the Provo, UT attorneys at Flickinger Sutterfield & Boulton take worker’s compensation and occupational injury cases so seriously. The National Safety Council estimates that 34 percent of work injuries are caused by overexertion, which includes repetitive strain injuries (RSIs). Let’s take a moment to discuss these kinds of injuries and how they impact the lives of workers. About Repetitive Strain Injuries (RSIs) Also known as occupational overuse syndrome, overuse injuries, and cumulative trauma, repetitive strain injuries refer to conditions that negatively impact the body as a result of repeated wear and tear. The stress on joints and muscle groups can eventually lead to problems with grip strength, mobility, and sensation/use of a certain part of the body. Examples of Repetitive Strain Injuries Some common examples of repetitive strain injuries include: Carpal tunnel syndrome Tennis elbow Trigger finger Bursitis Tendonitis Lower back pain In each of these cases, the gradual damage done to the joints, tendons, or bones in a given part of the body lead to problems using that body part optimally. If you have carpal tunnel syndrome, for instance, you may suffer from pain in the wrists and hands or numbness and tingling along the wrist. Signs and Symptoms of RSIs While repetitive strain injuries can vary based on severity and location, they all have a few common signs and symptoms. Be sure to note the following if your job places a great deal of stress on certain parts of your body more than others: Pain Throbbing Tenderness Numbness Tingling Loss in strength Changes in flexibility Reduced range of motion Diminished coordination Workers at Risk for Repetitive Strain Injuries Certain workers tend to be more at risk for repetitive strain injuries than others. The duties of various jobs can make joint and nerve issues far more likely. Some of these at-risk occupations include: Athletes Construction workers Mechanics Plumbers Assembly line workers Store clerks Nurses Delivery workers Firefighters Agricultural workers Meat processing workers Musicians What to Do If You Notice Signs of an RSI If you notice the first signs of a repetitive strain injury, it’s crucial that you visit your doctor as soon as possible. Discuss the nature of your symptoms with your doctor, when they started to show up, and what your job duties entail. Your doctor will be able to offer advice on how to modify your activities to reduce strain on your body, as well as braces or other devices that can help minimize symptoms. Whatever you do, do not ignore the problem. Allowing a repetitive strain injury to go untreated for a long period of time can make the problem much harder to treat down the road. Applying for Worker’s Compensation Sometimes your repetitive strain injury may entitle you to worker’s compensation benefits. Be sure to check with your employer. If you are denied worker’s compensation benefits despite a legitimate injury, our legal team can potentially help you. We can also discuss issues and conditions at your workplace and if actions by your employer might have contributed to the severity of your injury. Learn More About Work Injury Cases For more information about your legal options if you have been denied worker’s compensation benefits, be sure to contact our team of work injury lawyers. The attorneys of Flickinger Sutterfield & Boulton are here to help. You can reach our Provo office by calling (801) 753-1616.
Construction Accidents and Broken Bones
Working in construction can be dangerous. According to the Bureau of Labor Statistics (BLS), construction is one of the deadliest and most dangerous industries to work in. Of the 4,693 worker fatalities recorded in 2016, 991 were in construction. That’s 22.1 percent of all deaths. This is why construction accidents that lead to catastrophic injury or fatalities should be looked over by skilled attorneys like the team at Flickinger Sutterfield & Boulton. Even when construction accidents don’t cause fatalities, they can still result in debilitating harm. The team at our Provo, UT law office would like to consider how construction accidents can cause to bone fractures. We’ll then note what legal options injured workers and their loved ones can consider. Types of Bone Fractures Bone fractures come in different forms. The most common kinds that people experience are as follows: Stable Fracture – This is when a bone is broken, but the ends of the bone remain generally in their proper position. Open/Compound Fracture – This serious kind of fracture occurs when the bone is severely out of position, with the bone fragment visible through the skin. In some cases, the bone even protrudes through the skin. Transverse Fracture – This is when the bone is broken along a straight, horizontal fracture line. Oblique Fracture – This is when the bone is broken along an angled fracture line. Comminuted Fracture – This is when the bone is fragmented into three or more pieces. OSHA’s Fatal Four Given the many dangers at construction sites, OSHA has listed a so-called “Fatal Four,” referring to the leading causes of injury and death in the construction industry. These four kinds of accidents are as follows: Falls Struck by object Electrocutions Caught-in or crushed between objects You’ll note that three of the fatal four can also result in broken bones, along with many other injuries. Recovering from Broken Bones Recovering from a bone fracture can take weeks or even months. Stable fractures will heal faster and require less invasive treatment than compound fractures. Surgery may be necessary to set the fractured bone properly and to repair any damaged tissues related to the fracture. Physical therapy and other long-term rehabilitation treatment could be required as part of a person’s recovery. Will Fractures Impact Future Wellness and Work? Just because the bone has healed doesn’t mean you’re back to business as usual. Bone fractures can have serious long-term impact on the way you move, your ability to accomplish certain tasks at home and on the job, and your general mobility. This is particularly true of fractures to the vertebrae, the hands, the hips, and the knees. How Worker’s Compensation Works Following an on-the-job injury, many construction workers apply for worker’s compensation benefits. These benefits help cover living expenses, medical care related to an accident/injury, and even rehabilitation and training for new careers in the case of disability. If you are denied your benefits or need help with the application process, our lawyers are here to assist you. When Should I Consider an Injury or Negligence Lawsuit? While worker’s compensation benefits are helpful, sometimes it’s more ideal to seek legal action against the negligent party that caused the accident. This is important when there were dangerous conditions at the work site that contributed to the accident and fracture. Determining which option is better requires years of legal experience and a knowledge of the law. Our attorneys can advise you on the ideal option to consider following an on-the-job injury. Sometimes it may be better to forego worker’s compensation and seek damages from a negligent employer or reckless third-party. We’ll help you weigh those options carefully. Contact Flickinger Sutterfield & Boulton For more information about your legal rights and options after a serious injury, be sure to contact our team of injury accident lawyers. The attorneys of Flickinger Sutterfield & Boulton are here to help. You can reach our Provo office by phone at (801) 753-1616.
Workers’ Compensation vs. Long-Term Disability
When an injury keep you from working, you have a few options for help. Both workers’ compensation and long-term disability insurance can cover wage loss and other costs of living. While there are many benefits to workers’ compensation and long-term disability, there are important differences to note regarding coverage. The Provo, UT attorneys of Flickinger Sutterfield & Boulton would like to compare workers’ compensation and long-term disability so you understand your options following an injury. About Workers’ Compensation Workers’ compensation is a type of insurance carried by employers that protect their employees following an on-the-job-injury. If you are injured while on the job, workers’ compensation will take care of wage loss during the time of your injury. About Long-Term Disability Long-term disability is a type of insurance that covers part of your wages or salary if you are unable to work as a result of an injury or illness. Long-term disability typically does not cover injuries or illnesses sustained while you are on the job. The Benefits of Workers’ Compensation Workers’ compensation benefits you receive are tax-free, and they often take into account medical care you require and are receiving. Some workers’ compensation plans will also assist with vocational rehabilitation, education, or retraining to help injured workers re-enter the workforce. The Benefits of Long-Term Disability Long-term disability benefits are ideal if you have suffered an injury outside of the workplace that prevent you from working at your job. Your employer is not involved with these benefits since they cover non-work-related issues. When Workers’ Compensation Is More Ideal Workers’ compensation is more ideal when you are unable to work due to an injury that was sustained at your workplace. Rather than pursuing a legal action against your employer, the workers’ compensation benefits are guaranteed to cover the loss of some wages. When Long-Term Disability Is More Ideal Long-term disability is more ideal when you are injured or suffer an illness outside of your workplace. While the amount of benefits received may not be the same as workers’ compensation, it is still helpful in covering lost wages due to the inability to work. Can I Apply for Both Benefits Simultaneously? Since long-term disability insurance does not cover on-the-job injuries and workers’ compensation benefits only covers on-the-job injuries, the answer is typically no. There may be some rare instances in which a person is eligible for both. This depends on a number of factors depending on your situation and the nature of your injury or illness. How Our Lawyers Can Help As you can imagine, both workers’ compensation and long-term disability matters can be complicated. In fact, sometimes the complication has everything to do with the nature of your injury or illness and its exact cause. Our lawyers can hear your side of the story and discuss your best options moving forward. Sometimes we may advise against seeking workers’ compensation and instead suggest legal action against the negligent party responsible for your injuries. Only an experienced attorney can offer sound advice regarding these matters. Contact Flickinger Sutterfield & Boulton If you have been seriously injured on the job and want to know about your options for insurance benefits and legal action, we encourage you to contact our experienced work injury lawyers. The attorneys of Flickinger Sutterfield & Boulton are here to help. You can reach our Provo office by phone at (801) 753-1616, our West Jordan office at (801) 509-7102, our Orem office at (801) 669-8835, and our Saratoga Springs office at (801) 341-8424.