construction accidents Archives - UELG https://www.california-labor-law-attorney.com/tag/construction-accidents/ California Labor Law Attorney Fri, 21 Feb 2020 20:02:32 +0000 en-US hourly 1 https://www.california-labor-law-attorney.com/wp-content/uploads/2019/05/img-logo-150x113.jpg construction accidents Archives - UELG https://www.california-labor-law-attorney.com/tag/construction-accidents/ 32 32 Construction Accidents Caused By Defective Equipment in California https://www.california-labor-law-attorney.com/construction-accidents-caused-defective-equipment-california/ Mon, 16 Oct 2017 07:43:11 +0000 https://www.paymeovertime.com/?p=1061 A lot of companies and industries today rely highly on the use of machinery and equipment for their day to […]

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Man hurt at construction site

A lot of companies and industries today rely highly on the use of machinery and equipment for their day to day functions and construction operations. Companies such as the construction, mining, manufacturing, and transportation need to follow basic safety precautions to keep their workers and operations off risks.

The companies can be able to keep their industries risk free, but there are dangers that a company cannot manage fully. Machines can malfunction from day to day operations, and such occurrences cannot be prevented entirely but rather managed. This can further prevent risks that can be exposed to their employees too.

Some law firms and companies in California serve as strong advocates for the humanitarian rights fighters for the employees who may get injured in the line of duty. They help the workers to get justice and to understand their rights. They also ensure that the workers get compensation if they get injured or exposed to risks in their jobs.

Obligation to Safety

Companies should ensure that their construction machinery is not faulty and that their equipment should not pose dangerous scenarios to their employees. There should be sufficient space created within the working area. This will ensure easy management of the risk if any may occur. Companies should ensure that their workers are working in a risk-free environment and that it does not violet the machinery guarding and operations.

Different companies have handled numerous cases that involve equipment and machinery such; factory machines, tractors, forklifts, dumpers, nail guns, belt sanders, and defective conveyor belts. These are some of the machinery and job-related equipment’s that may pose risks to the employees.

What To Do When Injured

If a worker is injured by a defective construction equipment when at work they can be able to help themselves by filing a compensation claim against their employer or company. They may be in turn be eligible for related medical benefits and supplementary income packages to cover them throughout the period that they are receiving their treatment.

Manufactures should also ensure that they produce products that are not defective to their consumers and customers too. This is very important as it will save the company from the costly and the lengthy lawsuits that may accompany such an occurrence. They should test their product to ensure that they are defective free and that they meet the required standards of production and their use.

If any defective may arise and cause serious harm to the product user, the next of kin or family may file a lawsuit claim to get compensation from the manufactures. This will enable the family get compensation and know the actual cause of the injury that may be caused by the product or the company. To avoid all this companies and industries should ensure that such risks are well cautioned and prevented from happening.


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What You Need to Know About Construction Accidents https://www.california-labor-law-attorney.com/need-know-construction-accidents/ Mon, 04 Sep 2017 10:38:43 +0000 https://www.california-labor-law-attorney.com/?p=1268 Many construction accidents in California are caused by defective equipment. The use of hand tools and heavy industrial equipment or […]

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Man hurt at work holding his knee and in pain

Many construction accidents in California are caused by defective equipment. The use of hand tools and heavy industrial equipment or vehicles is part of construction work. Unfortunately, there are times when the equipment is not well maintained which can cause serious injuries and even the loss of life. Injuries can also involve amputations or any serious condition that will prevent the worker from returning to work. Here is a list of the main causes of construction injuries in the California workplace.

Design Flaw

Equipment is deemed defective due to a manufacturing or design flaw. Workers who are using defective equipment run the risk of getting injured or killed. The manufacturer or distributor of the defective equipment could be named in a third-party lawsuit and held liable for compensation.

 

Lack of Maintenance and Repair

Equipment needs periodic maintenance to remain functional and safe for worker’s use. Employers need to make sure that the equipment is properly maintained before allowing its use. Employers must also mandate immediate repairs for equipment deemed unsafe for use. Until the particular machinery is repaired, workers should not attempt to use it to prevent possible accidents and injuries.

Inadequate Workers Training

Modern equipment is favored in construction for its increased productivity and efficiency. The machinery tends to reduce the amount of physical labor required and even possible risk to human lives. Unfortunately, most construction accidents happen because employers tend to overlook the fact that the workers need adequate training to operate the sophisticated equipment. Workers should not operate the machinery if they lacked the knowledge to run it. Otherwise, they will put themselves and others at risk.

Construction Worker’s Right Against Past Criminal Record Screening

California has a current law which protects discrimination against felons. The law prevents employers from asking or using criminal convictions that have been judicially dismissed or sealed. This will protect job seekers who have such records from undue scrutiny and give them the chance to land a job. Employers who violate this new rule intentionally can get slapped with a civil penalty or a misdemeanor criminal liability.

Exceptions to the Rule

This law does not cover cases where the job applicant is required to hold and use a firearm during this or her employment period. Another instance is when the conviction prevents the applicant from holding the job or the employer is simply not allowed to hire an applicant convicted of a crime.

Employers should pay close attention to their equipment and make sure that they are safe for their worker’s use to prevent serious injuries and legal liabilities. Employers should also update their screening process to follow the law that protects ex-felons from discrimination.


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