Construction Accident

August 7, 2020

Construction Site Accident Leads to Catastrophic Injuries

A number of construction workers were seriously injured this week when a crane-load of rebar fell onto them at a Brickell construction site. The crane was moving some rebar overhead when the load unexpectedly fell, injuring at least six workers at the Florida construction site, with two of those workers being impaled through the torso. At least one of the victims remains on a hospital ventilator, in serious condition.

What Causes Florida Construction Accidents?

In the incident above, the rebar allegedly fell onto and injured the construction workers as a result of defective construction equipment. The Construction Company operating the site claimed on social media that the steel cage of the crane came loose while it was transporting the rebar overhead, resulting in the injuries to those workers positioned below. The Occupational Safety and Health Administration is currently investigating the incident, but if it turns out that defective crane equipment was the cause of the accident, then those injured may have legal recourse through a product liability claim in addition to their workers’ compensation benefits.

July 15, 2019

When is Florida’s Workers’ Comp NOT the Sole Remedy in a Construction Accident?

by Gerson & Schwartz, P.A.

As a construction worker, you know how dangerous and constantly changing your work environment can be. This industry is one of the most hazardous in the US, as the Bureau of Labor Statistics consistently ranks it in the top three for most nonfatal injuries and in days away from work. Fortunately, Florida’s workers’ compensation system protects construction workers who are hurt in on-the-job accidents.

However, there is one aspect of state workers’ comp laws that is unfamiliar to many employees, termed “exclusiveness of liability” under the Florida statute. In short, it means your workers’ comp benefits are your sold remedy and you are limited in terms of what you can recover – unless you qualify for one of the exceptions. A Florida construction accidents lawyer can explain in more detail about scenarios where you may be able to file a lawsuit for your losses.

Overview of Workers’ Compensation Laws in Florida

February 11, 2019

Construction Worker in Broward County Experiences Traumatic Amputation

by Gerson & Schwartz, P.A.

On November 29, a construction worker in Hillsboro Beach experienced a traumatic workplace accident and injury. The 44-year-old worker was injured at 1007 Hillsboro Mile around 10 a.m. He was working with an industrial auger, which is a tool used to bore holes into the ground. His right arm became trapped in the drill bit, and due to the force of the drill, the auger caused a complete amputation of his right arm below the shoulder, according to Broward Battalion Chief Michael Kane. The injured construction worker, whose name has not been released, was initially taken to Broward Health North. He was in stable condition. Due to the severity of the injury, he was quickly transferred to Broward Health in Fort Lauderdale. It is currently unknown whether physicians were able to reattach the worker’s arm.

If you or a loved one suffered an amputation at work, we recommend you speak with a Miami construction accident lawyer at Gerson & Schwartz P.A. If you or a loved one are covered by workers’ compensation insurance, then this may be your only avenue to medical coverage and wage benefits. However, if you are not covered with workers’ comp like you should be, or if a third-party from outside of your work is responsible for the incident, then you may have a third-party liability claim. We can help you pursue compensation outside of a workers’ comp claim. Contact us online or call (877) 475-2905.

The Risk of Workplace Amputation

January 28, 2019

Overturned Crane in Homestead Injures One

by Gerson & Schwartz, P.A.

On Thursday, November 1, a crane overturned in Homestead. The incident took place at a construction site at 1586 NE Eight Street. The Miami-Dade Fire Rescue responded to the incident and reported that one person was injured and taken to Jackson South Medical Center. Initial reports indicated the injured individual was a construction worker. Another crane incident took place the same day in West Miami. Near 8^th Street and SW 63^rd Avenue, a crane became out of control and rotating. Steel cables from the crane became wrapped around power lines, causing a short in the electrical system. While residents were left without power, luckily no one was injured.These two incidents were both extremely dangerous, and crews are lucky that more people were not injured. Unfortunately, injuries and fatalities involving cranes occur each year. If you were injured or a loved one was killed in a crane accident, call our Miami construction accident lawyers at Gerson & Schwartz P.A. at (877) 475-2905.

Crane Accident Statistics

Between 2011 and 2015, there were 220 crane-related deaths, according to the Census of Fatal Occupational Injuries and the Bureau of Labor Statistics. Over this 5-year period, this amounted to an average of 44 deaths per year. Texas saw the most crane-related deaths with 40 between 2011 and 2015. Florida had the third most crane-related fatalities at 11, just behind Illinois’ 12 crane-related deaths. California and Pennsylvania each had 10 crane-related deaths during this time period. A little more than half of the crane-related deaths occurred because a construction worker was struck by an object or piece of equipment. Many of these fatalities were because of a falling object or equipment, more specifically, an object falling from a crane. Additionally, transportation crane accidents and workers falling to a lower level were common.

July 27, 2018

Apartment Building Set for Demolition in Miami Collapses, Injures Worker

by Gerson & Schwartz, P.A.

When a building of any size is scheduled to be torn down, workers go about the process in a specific way. There are a number of health and safety risks associated with demolishing a building, particularly a multi-story apartment building. By adhering to a specific demolition process, the demolition company mitigates the amount of risk workers and pedestrians are exposed to. However, something went wrong in the process of tearing down the former Marlborough House, a condo building in Miami Beach. On Monday, July 23, the building near 57^th Street and Collins Avenue collapsed within seconds. Debris was scattered for blocks, shutting down the road in front of the building, and striking Samuel Landis, 46, a project manager for the demolition company. Landis was taken to Jackson Memorial Hospital and was in critical condition.

It is unknown exactly what went wrong. Winmar Construction, Inc. stated the collapse was a construction accident that took place during a planned and permitted demolition, which was being conducted by subcontractor AlliedBean Demolition. The incident will be investigated by the Occupational Health and Safety Administration (OSHA) and the Miami Beach Police Department.This is an unfortunate reminder of the dangers of demolition and construction. Any amount of carelessness can lead to significant accidents, injuries, and fatalities. If you or a loved one are injured in a construction accident in South Florida, contact our personal injury law offices to discuss your case with a construction accident lawyer at Gerson & Schwartz P.A. at (877) 475-2905.

Construction Accidents in the U.S.

March 15, 2018

Florida International Bridge Collapses Injuring Dozens and Causing Multiple Fatalities

by Gerson & Schwartz, P.A.

A pedestrian bridge located at Florida International University suddenly collapsed on vehicles below injuring dozens and causing several fatalities. The bridge was recently constructed and was just opened to the public this past Saturday on FIU’s campus. Little information is known about the root cause at this time. Witnesses reported that dozens of vehicles may still be alive or trapped beneath the rubble. Miami-Dade Fire Rescue along with first responders were still trying to get beneath the 950 plus tons of concrete wreckage. A witness to the accident contacted our law firm and sent us this photograph seconds after the bridge crumbled.

Construction sites, accidents, rules and regulations are governed by the Occupational Health and Safety Administration (OSHA). OSHA is the primary federal agency assigned with promulgating rules and safety enforcement regulations in the workplace. In this case, when a bridge and construction accident occurs, OSHA conducts a comprehensive investigation. This usually takes many months to complete but eventually will reveal how this tragic event occurred, how it could have been prevented, and what specific violations of OSHA’s regulations may have been violated. OSHA’s duties, include protecting workers as well as enforcing safety laws for the benefit of the general public. Companies who violate OSHA safety regulations may expose themselves to legal liability, which can include civil and criminal penalties. Miami, Florida has been subject to many construction site accidents but this one is by far the most serious and tragic construction accident event in recent memory.

While it is too early to know how or why this specific tragedy occurred, the mere fact that this bridge collapsed is a prime example of the legal doctrine known as as “Res Ipsa Loquitur”, which means “the negligence speaks for itself”. Bridges simply do not collapse in the absence of some sort of negligence. The personal injury law offices of Gerson and Schwartz, PA specialize representing serious injury and wrongful death victims due to construction defects and industrial accident related tragedies. Our construction accident attorneys in Miami are familiar with OSHA rules and regulations and how to prove negligence in industrial and construction accident cases. If you or a loved one were the victim of the FIU bridge collapse or another type of construction accident case, then contact our Miami law offices today for a free consultation. Call us today at (877) 475-2905 or email us at info@gslawusa.com for help. Walk in clients are also accepted. Our personal injury offices are located at 1980 Coral Way in Miami, Florida. You may also visit our website at www.injuryattorneyfla.com. Se Habla Espanol.

November 10, 2017

October Proves Dangerous for Miami Area Construction Workers

by Gerson & Schwartz, P.A.

Last month provided several examples of the serious personal safety issues that can arise with construction site work.

Construction Worker Falls from Crane on Dolphin Expressway

First, a construction worker fell from a crane on the Dolphin Expressway one morning, near the Northwest 37th Avenue overpass. A Miami fire department official stated that the man fell a total of 30 feet from a crane that was attached to a flatbed truck. The worker was using the crane’s controls on the side of the truck when it suddenly fell over, throwing him off of the overpass. As he fell, thankfully he did not fall into the flow of traffic below. The man was transported to a local hospital for treatment of his critical condition.

The area where the accident occurred is currently under construction, as Miami-Dade Transit is working to add an additional lane in both directions on the Dolphin Expressway.