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Dangerous or Defective Equipment on a Jobsite – Your Remedies

Seeking Compensation for Injuries Caused by Dangerous or Defective Equipment on a Jobsite

Cement truck at construction siteIn today’s world, many workers face daily risk of injury because of exposure to inherently dangerous machines and equipment, or because of the potential for breakdown of heavy machinery. Here are important things you need to know about a workplace injury involving a defective or poorly designed workplace machine, tool or product.

  • You can seek workers’ compensation benefits for any injuries sustained—Workers’ compensation is designed, in Delaware and Pennsylvania, to be your exclusive remedy for injuries caused by the negligence or wrongful acts of an employer or co-employee. Your employer has a duty to ensure that the equipment or machinery used on a jobsite does not pose an unreasonable risk of injury to you. This may include assessing the design or manufacture of a tool, machine or piece of equipment. If you can make any argument that your employer failed to use reasonable care in using or bringing in a tool, machine or piece of equipment, you can seek benefits through the state’s workers’ compensation program.
  • In many instances, you can also file a lawsuit against the manufacturer, designer or distributor of the machine, tool, product or piece of equipment—In most instances, the machines or tools you use at work are obtained from a source other than your employer. Because workers’ compensation benefits only cover losses for which your employer has responsibility, you can circumvent the workers’ compensation system for any injuries caused by the negligence or wrongful act of someone other than your employer or a co-employee. This is known as a “third party” action, because you are allowed to file a lawsuit against a “third party”—someone other than you or your employer.
  • While you cannot typically recover twice for the same injury, you can simultaneously seek damages from your employer in a workers’ compensation claim, and from others in a “third party claim.” The amount recovered from workers’ compensation will relieve your employer of any additional liability, and the amount received in a lawsuit must be specifically for losses caused by the third party.

Contact the Law Office of Michael J. Hood

At the law office of Michael J. Hood, in Wilmington, we bring more than 30 years of experience to personal injury victims in Delaware. For a free initial consultation, contact us online or call our office at (302) 777-1000 for an appointment.

The Common Types of Construction Site Accidents

Construction workersConstruction sites are commonly considered to be among the most dangerous places in the world to work. Even when you take the highest level of personal precaution, paying close attention to your actions and the actions of those with whom you are working, a mishap can occur in an instant. Here are the most frequent types of accidents causing injury on a construction site:

  • Falls from heights—Even with a single story home, you can be at risk of fall from a ladder or roof. On high-rise construction sites, you may fall from scaffolding or a ladder, but there are also risks associated with construction elevators, with higher levels that don’t have proper guardrails, and with buckets or cranes.
  • Falling objects—There are many potential falling objects on a construction site, from cranes, ladders and scaffolding to tools or machinery, from jobsite materials to trash or debris.
  • Dangerous or defective machinery, equipment or tools—The power and pneumatic tools used on most construction sites can be highly dangerous if poorly designed, improperly manufactured or maintained, or incorrectly used.
  • Negligence in hiring, training and supervising—Contractors and owners often take short cuts in hiring in order to put more labor into a jobsite. Workers may not have the necessary experience to operate a complex power tool or piece of heavy machinery. Some workers with minimal training may not get the additional training they need to safely operate a machine. Furthermore, contractors and subcontractors may simply delegate tasks without ensuring that those performing them have the requisite skill or experience.
  • Job-related motor vehicle accidents—With regular deliveries and the removal of waste, trash or earth, there can be a lot of traffic on a construction site. In addition, workers may be required to drive distances to obtain materials or perform other tasks.

Contact the Law Office of Michael J. Hood

At the law office of Michael J. Hood, in Wilmington, we bring more than 30 years of experience to personal injury victims in Delaware. For a free initial consultation, contact us online or call our office at (302) 777-1000 for an appointment.

Construction Site Injuries—An Overview

The Types of Construction Site Injuries

According to the Occupational Safety and Health Administration (OSHA), approximately one in every ten construction workers in America is hurt on the job every year. Almost one out of every five dollars paid in workers’ compensation claims annually goes to people hurt on a construction site. Here are the most frequent types of injuries suffered by construction workers:

  • Injuries from falls—The most common type of injury on a construction project is a fall, either from a ladder or scaffold, an unguarded upper level or a construction elevator. A lot of workers are also hurt in slips, trips and falls over site debris, materials, tools and equipment.
  • Injuries from falling objects—Particularly on high rise projects, a lot of workers are hurt when items stored on upper levels, from tools to construction materials to trash, fall on them.
  • Dangerous or defective machinery, tools or equipment—Far too often, general contractors or owners use poorly maintained equipment, or tools or machines that are inappropriate for the job, or that have simply been poorly designed or manufactured. In those instances, the manufacturers and sellers of those devices can be liable for any injury they cause.
  • Negligent hiring, training or supervision—In the drive to complete a project, owners and general contractors frequently hire people without appropriate skills, fail to properly train them to use heavy equipment, and allow them to work without adequate guidance and supervision. Many workplace injuries occur when unsupervised workers devise workarounds that violate safety requirements.
  • Motor vehicle accidents—With trucks and other vehicles in and out of job sites, and with workers traveling back and forth from a job site, workers are continually at risk of injury in motor vehicle accidents.

Contact Our Office

To arrange a free initial consultation, contact us online or call our office at (302) 777-1000. Evening and weekend meetings can be arranged upon request. We will come to your home or the hospital, if necessary.

We’ve Moved!

Attorney Michael J. Hood Has a New Location!

The law office of Michael J. Hood has moved to a new location:

The office of Michael J. Hood, LLC, we have provided comprehensive legal counsel to personal injury victims in Delaware and Pennsylvania since 1982. We understand the uncertainty and anxiety that come in the aftermath of a personal injury. We will work hard to make certain that you have accurate and up-to-date information at all times. We will learn as much as we can about your accident and injuries so that we can give you a timely and realistic appraisal of the strengths and weaknesses of your case, the reasonable value of your claim and your chances of success.

We offer a free initial consultation. For a confidential meeting, contact us online.

Practice Areas

Contact Michael J. Hood

Michael J. Hood represents premises liability accident & personal injury victims in the cities of Wilmington, Newark, Middleton, Seaford, Laurel, Milford, Brookside, Claymont, Pike Creek, Wilmington Manor, Elsmere, Edgemoor, New Castle, Chester, Springfield, West Chester, Broomall, Woodlyn, Elkton and Pennsville. Also serving New Castle County, Kent County and Sussex County in Delaware as well as Delaware county, Chester county and Philadelphia county in PA.

Types of Injuries on a Construction Site

The Types of Injuries Most Frequently Suffered on a Construction Site

You don’t need to watch The Most Dangerous Jobs in the World to know that the likelihood of serious injury on a construction site, especially a high-rise, can be substantial. With cranes, earth movers, graders and other heavy equipment nearly always present, and with scaffolding, ladders, construction elevators and heavy building materials, the slightest carelessness by an owner, contractor or another worker can spell disaster. Here are the most common types of accidents on construction sites:

  • Falls from heights—In an effort to save costs or meet deadlines, owners and contractors often fail to take appropriate precautions to prevent workers fall from upper levels, from elevators or cherry pickers, or from ladders or scaffolding. Scaffolding may be improperly constructed or poorly maintained, or necessary guard rails may not be in place or may not be properly constructed
  • Falling objects—Workers on a construction site are often in danger of being struck by a falling object, such as building materials or tools stored on an upper level, as well as collapsing cranes or collapsing upper levels.
  • Injuries caused by the malfunction or improper use of tools, machinery or equipment—In some instances, a tool or machine may be poorly designed or may be used for some other purpose than specified. Owners or contractors may neglect to perform necessary maintenance, or to repair tools when necessary. In addition, workers may be inadequately trained or qualified to use tools, machines or heavy equipment.
  • Injuries caused by lack of supervision, poor training, or negligence in hiring—Some contractors hire workers without the necessary skills to operate heavy equipment or to perform other key tasks. They may also allow workers to do their job without adequate instruction or supervision.
  • Motor vehicle accidents on job sites—Many construction sites have regular traffic moving in and out, with deliveries arriving, and with heavy machinery moving regularly about the project.

Contact Our Office

To arrange a free initial consultation, contact us online or call our office at (302) 777-1000. Evening and weekend meetings can be arranged upon request. We will come to your home or the hospital, if necessary.

Construction Site Accidents

Construction is one of the most dangerous occupations in the world, incurring more occupational fatalities than any other sector in the United States. It is also one of the leading professions for non-fatal workplace injuries. Common construction site accidents include:

  • Electrocution
  • Ladder accidents
  • Welding accidents
  • Scaffolding collapses
  • Nail and staple gun accidents
  • Gas explosions
  • Cutting and brazing mishaps
  • Structural or building collapses
  • Crane accidents
  • Slips and falls
  • Vehicle collisions

Fortunately, State labor laws are in place to protect construction site workers by requiring construction companies to inspect each site and implement a vast array of safety measures designed to prevent the risk of injury to workers. Unfortunately, many serious construction site injuries occur on sites that have not properly implemented the required safety measures. Even if a site has implemented the required safety measures, sometimes these measures fail, and when they do, a serious accident or wrongful death can result. When these preventable injuries occur, we at The Law Office of Michael J. Hood believe that you should be taken care of and those responsible should be held accountable.

If you or a loved one has been involved in a construction site accident, it is important to know who is financially responsible for the physical and emotional devastation caused by the injury or death. Beyond any worker’s compensation benefits, you may be entitled to compensation by a third-party who was partially or wholly responsible for the accident. This is often difficult to determine when numerous contractors and agencies are working on one project, and you will need an experienced lawyer to assist you.

At the Law Office of Michael J. Hood, we bring more than 31 years of experience to our clients in Delaware and Pennsylvania. Our clients appreciate our straightforward approach to personal injury and wrongful death claims. We will carefully gather as much information as we can about your accident so that we can give you a realistic assessment of the strengths and weaknesses of your case, what you can realistically expect to recover and your likelihood of success.

We offer a free initial consultation to every client. For an appointment, contact us online or call our office at (302) 777-1000. We are open Monday through Friday, between 8 a.m. and 5 p.m., but we will meet with you evenings or weekends upon request. We will travel to the hospital or your home to meet with you if you are unable to travel.