Unsafe Workplace on Wisconsin Construction Site Causes Near Blindness
Worksites are some of the most dangerous places for employees. There are many laws to promote workplace safety and to prevent work site accidents in Wisconsin. The Occupational Safety and Health Administration “OSHA” devotes an entire chapter of safety regulations to work site safety. In this serious accident, our client was injured when he tripped while getting a bucket of materials from his work truck. What would have been a simple fall and nothing more than a bruised ego ended up causing a severe brain injury and nearly blinded our client.
Contractors Skimped On Important Safety measures
Less than a dollar’s worth of materials could have prevented this terrible injury. Wisconsin law safe place statute and OSHA regulations require all hazards, such as anchor bolts protruding from floors or walls be guarded or capped. After simply losing his footing and falling backwards, our client was seriously injured when his head struck an anchor bolt that was required to be capped by OSHA regulations. The general contractor was in violation of OSHA regulation 29CFR1926.16 and OSHA regulation 29CFR1926.701(b)
Milwaukee Work Place Accident Lawyer Investigation
Our Milwaukee personal injury lawyers’ investigation revealed that the general contractor and the concrete contractor did not keep this work site free of hazards. Because of the common nature of this type of a hazard, simple caps are commercially available specifically for this purpose.
We commenced a lawsuit on behalf of our client against the negligent contractors involved. The case was successfully settled after a court ordered mediation.
- Our client was compensated for:
- All of his medical expenses,
- Lost wages (both in the past and in the future)
- A large cash settlement for his disability.
Hard work and a thorough investigation, while not restoring our client’s vision, helped provide him a secure future.
The Relevant Regulations
1926.16(a)
The prime contractor and any subcontractors may make their own arrangements with respect to obligations which might be more appropriately treated on a jobsite basis rather than individually. Thus, for example, the prime contractor and his subcontractors may wish to make an express agreement that the prime contractor or one of the subcontractors will provide all required first-aid or toilet facilities, thus relieving the subcontractors from the actual, but not any legal, responsibility (or, as the case may be, relieving the other subcontractors from this responsibility). In no case shall the prime contractor be relieved of overall responsibility for compliance with the requirements of this part for all work to be performed under the contract.
1926.701 General requirements.
(a) Construction loads. No construction loads shall be placed on a
concrete structure or portion of a concrete structure unless the
employer determines, based on information received from a person who is
qualified in structural design, that the structure or portion of the
structure is capable of supporting the loads.
(b) Reinforcing steel. All protruding reinforcing steel, onto and
into which employees could fall, shall be guarded to eliminate the
hazard of impalement.
(c) Post-tensioning operations. (1) No employee (except those
essential to the post-tensioning operations) shall be permitted to be
behind the jack during tensioning operations.
(2) Signs and barriers shall be erected to limit employee access to
the post-tensioning area during tensioning operations.
(d) Riding concrete buckets. No employee shall be permitted to ride
concrete buckets.
(e) Working under loads. (1) No employee shall be permitted to work
under concrete buckets while buckets are being elevated or lowered into
position.
(2) To the extent practical, elevated concrete buckets shall be
routed so that no employee, or the fewest number of employees, are
exposed to the hazards associated with falling concrete buckets.
(f) Personal protective equipment. No employee shall be permitted to
apply a cement, sand, and water mixture through a pneumatic hose unless
the employee is wearing protective head and face equipment.
