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San Jose Workplace Injury Blog


San Jose workplace injury attorneyDesigned to provide temporary stability, help to ensure tools and equipment are within reach, and provide greater flexibility when working at great heights, ladders and scaffolding are used frequently by approximately 2.3 million American construction workers. But, these devices can also be the very items that cause injury or death when they are not properly used or maintained. Because negligence often plays a big role in ladder and scaffolding injuries, and because the problem amounts to thousands of deaths and injuries each year, it is critical for workers to know what protections they have under the law.

Prevalence of Ladder and Scaffolding Injuries Cause for Concern

Estimates from the Occupational Safety and Health Administration (OSHA) indicate that ladders and scaffolding cause approximately 4,500 worker injuries and 50 worker deaths each year. The cost to employers for time lost is thought to be around $90 million, but it is the cost to workers that makes the prevalence of ladder and scaffolding injuries so concerning. For them and their families, life may never be the same.

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San Jose workplace injury attorneysEach year, around 4,000 construction workers are fatally injured on the job. Falling objects such as tools, equipment, debris, and more are responsible for approximately eight percent of those deaths, placing them among the most common causes of worker fatalities. They are so common, in fact, that they have been named by the Occupational Safety and Health Administration (OSHA) as one of construction’s “Fatal Four.” Records from the Administration, however, show that failure to provide protection from injury is one of the most commonly cited violations at worksites throughout the United States.

Failure to Provide Protection

While OSHA provides rules and guidelines on how to effectively keep workers safe on the job, contractors, foremen, and other overseeing personnel often fall short when it comes to following through on them. This can be by not providing proper training (i.e. teaching workers how to safely organize and tether tools) or by not providing the proper equipment to ensure safety protocols are followed.

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San Jose work injury lawyersInjured employees are often led to believe that they are only entitled to compensation through the workers’ compensation system. While, in many cases, this may be true, it is not always correct. Learn how to determine if you may be owed money outside of the workers’ compensation system, and discover how an experienced attorney can assist with the process.

Why Additional Compensation Matters

Workers’ compensation is meant to cover an injured employee’s medical expenses. Those who are unable to work may also be eligible for temporary or permanent disability through the workers’ compensation system. Unfortunately, disability only compensates for a portion of the worker’s wages, which may place them and their families at risk for financial devastation. Additional compensation, sought through either a third-party liability lawsuit or an employer negligence lawsuit, can improve a victim’s circumstances.

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California workplace injury attorneysWorking to support your family should not have to result in death or illness from chemical exposure – especially with all the knowledge and technology that we have today. Unfortunately, statistics show that this is exactly what happens to thousands of workers each year. The Occupational Safety and Health Administration (OSHA), who is responsible for setting legal limits for chemical exposure, has recently acknowledged their part. Now they are asking employers to take proactive measures to reduce the rate of deaths and illnesses from chemical exposure in the workplace. Learn more, including how an experienced work injury attorney can help you obtain compensation for your losses.

OSHA on Legal Limits and Workplace Safety

Permissible exposure limits, or PELs, were first established by OSHA back in 1971. Currently, there are only 500 different chemicals listed in the PELs, which is a far cry from the thousands of chemicals that can be found in today’s workplace. Worse yet, the data on PELs is outdated; OSHA says that the limits may be legal, but they are not necessarily safe. Instead, constant and repeated exposure may still result in serious illness or injury to workers.

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San Jose construction accident injury lawyersThere can be nothing more troublesome for employees than experiencing workplace injuries while hard at work on the job. This is is especially true for construction workers, who day-in and day-out perform physically demanding labor on worksites, as this regularly places their physical health at risk in the honest pursuit of a paycheck. Despite these unfortunate hazards that can - and often do - accompany this line of work, however, some construction employees who do experience workplace-related injuries recover and can return to the job within a reasonable amount of time.

Injuries that Still Slow You Down

Thankfully, the majority of construction-related injuries are not life-threatening and do not result in a fatality. However, many non-fatal injuries are still harmful enough to slow workers down and prevent them from returning to the workplace. Alternatively, they may be unable to perform their duties at the same rate and at the quality that they were.

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Corsiglia McMahon & Allard, L.L.P.

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San Jose, CA 95112

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