Accidental Falls in Residential Construction

Falls account for almost 40 percent of all deaths in the construction industry. Workplace deaths from falls are almost always preventable. Given that workplace deaths from falls in other countries is dramatically lower, it is clear that workplace safety in the United States lags behind the major industrial countries. The US was 19th among industrialized nations for workplace deaths behind Greece and Iceland on per capita basis.

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The US had slightly higher than 5% of its workforce of over 131 million workers suffered workplace death. Compare Great Britain with .8% – less than 1 percent-of their workers suffered an on the job fatality. Why do other countries have better workplace death statistics than the United States of America? Because they care about workplace safety more than we do in the United States.

The refinery and chemical plant workers in America go to work every day fully aware and cognizant that their place of work can kill them and their entire community. They know it better than anyone. Refinery and chemical plant workers take their own safety seriously as well as that of their fellow workers. And the workers on the ground put in harm’s way are also aware that management and refinery owners expect good results quickly. These workers who risk their own lives every day simply want a fair chance to do their job well and on time.

But sometimes things go wrong. When they do go wrong, the management, workers, OSHA and lawyers all look backwards to see how a given accident occurred. Sadly, the look back by owners and operators of refineries and chemical plants usually look back to see if they can avoid liability for the workers’ death and not to see how to prevent any future injuries and deaths on the job. Owners and operators of chemical plants and refineries are more concerned with avoiding legal liability than with improving workplace safety.

If your loved one suffers an on the job accidental fall and dies, you may need legal representation to recover damages that are legally owed to you. Accidental falls on the will usually be covered by workers’ compensation insurance but that does not prevent you from pursuing other parties that may be responsible. In Texas, a worker or his family can only sue an employer protected by workers’ compensation if the worker dies from the on the job injury. If a worker suffers an on the job injury but does not die and the employer has workers’ compensation insurance, the employer can not be sued regardless of the injury to the worker or how egregious the employer’s conduct is. In that case, there may be facts to support a suit directly against the employer for wrongful death which is in addition to any workers compensation benefits you may have received.

Located in Beaumont, Texas, the Law Offices of Clay Dugas & Associates, P.C. represents injury and accident victims from throughout Orange County, Hardin County, Jefferson County, and the surrounding areas of East Texas, including those from cities such as Port Arthur, Vidor, Houston, Winnie, Galveston, Conroe, Jasper, Woodville, Lufkin, Lumberton, Austin, Dallas San Antonio, and people from areas of Southwest Louisiana such as Lake Charles and Calcasieu Parish.
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