May 16, 2011

Trench Collapse Accidents in Arizona

According to the National Institute for Occupational Safety and Health (NIOSH), approximately 54 people are killed each year in trench collapse accidents on construction sites. Excavation work can be hazardous and it is important that employers follow state and federal safety standards at all times to reduce the chances of a serious Arizona trench accident injury.

The Occupational Safety and Health Administration (OSHA) requires a number of studies and tests to take place before trenching work can begin. The inspector hired to carry out this task must be trained in protective systems, soil analysis and OSHA requirements. The inspector will have to evaluate the soil and the type of trench that will be excavated before approving the project. There are many factors that must be considered before construction begins.

There are strict regulations that dictate the materials used to support the trench wall, the number of available ways to exit the trench and how far away vehicles or other equipment must be placed. For example, workers must be provided an exit route for every 25 feet within the trench. Employers and property owners must work within the confines of the OSHA standard number 1926.652 to provide protection to their employees. A failure to provide adequate protective systems for employees can result in heavy fines and more importantly, lead to dangerous cave-ins.

The skilled Arizona construction accident attorneys at The Breyer Law Offices P.C. help injured workers receive fair compensation for injuries, damages and losses resulting from an Arizona trench collapse. Depending on the circumstances, compensation may be available through workers compensation insurance or third-party claims. Please contact our law offices at 602-457-6222 to obtain more information about pursuing your legal rights.

May 6, 2011

OSHA Inspectors Protect Workers from Potential Trench Collapse

Trench accidents in Arizona are one of the most common causes of major injuries or fatalities on construction sites. Recently, Occupational Safety & Health Administration (OSHA) investigators in Auburn, Alabama, saved the lives of several workers because they were able to identify the potential for a trench collapse.

According to an OSHA report, the agents were on their way to an inspection when they observed an open excavation where the employees were not protected from a cave-in. The officials immediately opened an inspection and removed the employees from the site. Shortly after the workers exited the trench, the wall of the excavation collapsed. No one was injured in the cave-in. Now investigators have to determine whether the construction company’s negligence contributed to the dangerous conditions.

Construction sites are extremely dangerous because of the presence of several hazards, including open trenches, on such work sites. The U.S. Bureau of Labor Statistics (BLS) reported a total of 4,340 fatal work injuries in the year 2009. It is the obligation of employers and property owners to provide safe work conditions for all workers and visitors to a construction site.

OSHA offers several suggestions to ensure that workers are not injured while working in trenches. Construction companies should keep heavy equipment away from the edges of trenches. They should know where the underground utilities are located, test for low oxygen, hazardous fumes and other toxic gases, and inspect the trenches at the start of each shift. It is also important that workers in trenches be supervised at all times. It is the job of the supervisor to monitor conditions in and around the trenches including changing weather and soil conditions.

Injured Arizona construction workers may pursue financial compensation for the damages they have suffered in a construction site accident. Workers compensation benefits should cover losses such as medical bills and a portion of the wages lost. The experienced Arizona construction accident lawyers at The Breyer Law Offices P.C. help workers get the compensation they rightfully deserve. Please contact our offices at 602-457-6222 for a free consultation and comprehensive case evaluation.

January 5, 2011

Deadly Trench Collapse at Construction Site

WHTM.com reports that a trench collapse occurred at a construction site in York County, Pennsylvania and left one construction worker dead and another seriously injured. According to the article, the two men were laying pipe for a storm water drainage project while another worker was operating a backhoe nearby. The two men were exiting the 20-foot trench when they felt it beginning to give way, and ran but did not escape in time.

The rescue of the two construction workers took several hours as responders took extra precautions to prevent the occurrence of another trench collapse. A crane was brought to the scene and a large metal box was put into the trench for reinforcement. Officials report that one worker died immediately after the trench collapsed, and was found in an upright position fully submerged in dirt 14 hours later. The other worker was rescued six hours after the incident and was taken to a local hospital with serious injuries.

While it is not known what caused the trench to collapse, the U.S. Occupational Safety and Health Administration (OSHA) recommends that employers take precautions regarding trench and excavation work at construction sites, including but not limited to:

  • A “competent person” must inspect all trench work on a daily basis. If there is evidence of a cave-in or a slide, all work must cease.
  • Employers are required to slope sheet, brace, or shore sides of a trench in unstable material.
  • If heavy equipment is being operated near a trench, extra measures must be taken because of the extra weight imposed on the ground.
  • Material and equipment used for excavation must be placed at least two feet away from the trench’s edge.
  • There should be a means of escape from a trench, like a ladder, in place.
  • Water is not allowed to accumulate in a trench.

Despite these safety standards, trench collapse accidents continue to take place throughout the United States. The Phoenix trench accident lawyers at The Breyer Law Offices P.C. understand the difficulties and financial burdens a construction worker faces following a serious injury on the job. Our attorneys will work hard to make sure those injured while at work are compensated fairly for their losses. If you have been injured while working at a construction site in Arizona, please contact us to schedule a free consultation with one of our Arizona construction accident attorneys. Call 480-753-4534 today.

March 18, 2010

Tucson, Arizona Personal Injury Lawyer Discusses Common Types of Construction Accidents

According to the U.S. Department of Labor's Bureau of Labor Statistics, there were 969 fatalities involving construction accidents in the country in 2008. There is no question that construction accidents cause numerous deaths and serious injuries in the United States. There are several reasons why construction accidents occur. There are also many ways by which workers can get injured while at a construction accident site. However, there are a few types of commonly occurring construction accidents. These are accidents that can be entirely prevented, but usually take place because of some type of negligence or failure to follow safety procedures.

These are some of the most common types of construction accidents:

  • Falls are the most common types of accidents that occur at Arizona construction sites and are responsible for the most number of fatalities in the construction industry as a whole. According to the Occupational Safety and Health Administration (OSHA), one-third of all construction accident fatalities are caused by falls.

  • Trench collapses can also be extremely hazardous to workers. A trench collapse can be caused by improper shoring, lack of supervision or large vehicles parked near the excavation.

  • Electrocution accidents in Arizona can occur as a result of overhead or buried power lines at a construction site.

Continue reading "Tucson, Arizona Personal Injury Lawyer Discusses Common Types of Construction Accidents" »

February 2, 2010

Injury Law Addresses Construction Site Trench Collapse Wrongful Death

Trench collapses are one of the most common causes of construction site accidents in Arizona and elsewhere in the nation. According to a news report in the Shelby Star, a 30-year-old construction worker sustained fatal injuries after the dirt collapsed around him at a sewer line construction site. The man apparently fell into the hole. Workers rushed to dig him out of the collapsed trench. The worker was transported to an area hospital where he died shortly after the construction site accident.

Cave-ins are a deadly trenching hazard. There are also other dangers that lurk in trenches including asphyxiation due to lack of oxygen in a confined space, inhalation of toxic fumes, drowning, electrocution and explosions. In fact, the fatality rate for excavation work is 112 percent higher than the rate for general construction. The Occupational Safety and Health Administration (OSHA) requires that workers in trenches and excavations be protected and that safety and health programs address the variety of dangers they face on the job. Trench collapses may be caused by lack of protective systems, unsafe access or exits, and failure to properly inspect the trench.

Continue reading "Injury Law Addresses Construction Site Trench Collapse Wrongful Death" »

December 23, 2009

Phoenix Personal Injury Lawyers Can Help Victims of Trench Collapse Accidents File Injury Claims

Trench collapse accidents are among the most common types of construction site accidents that occur in Arizona and elsewhere in the nation. These accidents can result in devastating personal injuries or death to workers. However, the unfortunate fact is that these trench collapse accidents can be easily prevented by following the safety standards spelled out by the Occupational Safety and Health Administration (OSHA), which monitors and investigates workplace accidents and injuries in the United States including construction site accidents.

According to a recent news report, a worker sustained a fractured leg and a broken pelvis when a dirt trench wall fell on him when he was helping to put down concrete sewer pipes. The worker was trapped in the trench because of his injuries. He was safely removed from the trench and treated for serious injuries. OSHA officials are investigating this incident. Officials issued a citation to the contracting firm for a safety violation that resulted in the accident, specifically, the absence of shoring in the area of the trench where the dirt wall fell.

Continue reading "Phoenix Personal Injury Lawyers Can Help Victims of Trench Collapse Accidents File Injury Claims" »

November 3, 2009

Phoenix Arizona Construction Site Accident Attorneys Help Injury Victims

A Phoenix Arizona construction site accident has injured a worker after he fell into an 8-foot deep trench. According to a Fox News report, the construction worker fell into a trench near the intersection of 7th Avenue and Buckeye in Phoenix. The man was apparently standing on top of a truck load of pipes when he lost his balance and fell into the trench. He was rushed to a local hospital with serious injuries, but his condition was later listed as "stable."

Construction site accidents occur due to a variety of reasons depending on the type of job that is being performed at the time. Defective or malfunctioning equipment, slip and fall injuries, electrocution, or injuries caused by live wires, falling objects, trench collapse, scaffold collapse or fires and explosions may all cause serious injuries in a construction accident. These accidents may occur as a result of someone else's negligence or the worker's own lack of training. Whatever the cause, construction accidents can be devastating to a worker and his family, causing life-threatening conditions, lifelong disabilities or disfigurement. These injuries could affect the worker's ability to work in the future, leaving him and his family without income or money to pay for quality medical or long-term care.

Continue reading "Phoenix Arizona Construction Site Accident Attorneys Help Injury Victims" »

October 6, 2009

Construction Worker Killed in Trench Collapse

Most Arizona construction accidents are easily preventable if government safety regulations are followed. These procedures are in place in order to prevent tragic construction site accidents like trench collapses, which are very often fatal to construction workers. A trench collapse is a classic example of a construction site accident that can be avoided by taking required safety precautions and by following federal safety procedures, including securing the work area.

A recent news report details a deadly construction accident where a worker suffocated to death in a trench collapse incident. Officials say the amount of dirt that fell on top of this worker was equivalent to a dump truck full of dirt. He died of compression asphyxia – death by suffocation. It took crews two and a half hours to dig the man out. The Occupational Safety and Health Administration (OSHA) is investigating this incident. The construction company could possibly face hefty fines if any violations are discovered.

In Arizona and in many other states, there are very specific industry and safety standards specifying the width and depth of excavations. These safety standards exist to prevent tragedies like this one. When a trench is dug, federal laws also require a foreperson to be physically present on the site to ensure that they adhere to these important safety standards. In cases where a construction worker is injured as a result of someone else's negligence, he may be entitled to additional damages.

Continue reading "Construction Worker Killed in Trench Collapse" »

July 27, 2009

Fatal Sinkhole Accident Feeds Probe of Excavating Firm

Those looking at the level of risk in the field of construction may often not be thinking about outdoor situations. There is a large potential risk in trenching and excavating operations, whether they are being done at a construction operation in Arizona or anywhere else in the U.S. When workers suffer injuries in avoidable accidents during excavating or related activities, construction accident lawyers must work to establish responsibility and show how lax safety standards resulted in unfortunate situations.

One of the more extreme recent cases of fatal accidents from slipshod excavation practices comes from a July 8 Detroit Free Press report that indicates a construction firm is facing possible litigation and fines resulting from a fatal sinkhole accident that killed a 36-year-old worker on July 7.

The report indicates that prior to the construction accident death, the company in question was already under investigation by the State of Michigan’s Occupational Safety and Health Administration, which delivered 11 citations after a March inspection of operations. One citation involved a lack of qualified personnel inspecting trenches; another addressed possibly improper sloping of trenches.

The Detroit Free Press story also indicates officials in the state of Michigan are working to ascertain what was to blame for the July incident. These kinds of accidents, which happen all across the country, are often scrutinized by professional injury and worker’s compensation lawyers and officials to determine the cause of an unfortunate, often tragic event. Each state has its own methods and agencies for looking into liability from unsafe business practices, whether in excavating, digging or any other construction field where cutting corners can have disastrous consequences.

Continue reading "Fatal Sinkhole Accident Feeds Probe of Excavating Firm" »

June 26, 2009

OSHA Chairwoman Says that OSHA Safety Enforcement is Weak

In a recent report about a man who died in trench accident, the chairwoman of the Occupational Safety and Health Administration (OSHA) said that she believed OSHA’s enforcement is weak. The Phoenix construction site accident attorneys at the Arizona personal injury law firm Breyer Law Offices P.C. see evidence of OSHA’s lax safety enforcement on a regular basis. At Breyer Law, we help construction accident victims and their families receive the compensation they deserve to help with medical expenses, rehabilitation expenses, and burial expenses.

Celeste Monforton, chairwoman of the Occupational Health & Safety Section of the American Public Health Association, recently said that OSHA penalties don’t appear to have a strong deterrent effect for companies taking safety shortcuts to save money and endangering the lives of workers. She added that OSHA’s enforcement of workplace safety violations is too weak, and the penalties that OSHA imposes on violators are “a joke” in comparison to other violations.

"It’s not that OSHA isn’t doing the job. It’s the penalties authorized by Congress that put OSHA in that situation," said Monforton, who is also an assistant research professor at George Washington University. "What does it say about our respect for our workers and workers’ lives when the average OSHA penalty for serious violations is $900, compared to an EPA Clean Water Act violation, which is $25,000 per violation, per day?" she said. "It’s not OSHA’s responsibility to make sure workers are safe; it’s the employers," she said.

These statements provide several good reasons why it is important to have the assistance of an experienced Arizona construction accident lawyer if you or someone you care for has been injured or killed in a construction accident. They will help hold those responsible for the accident accountable for their actions and help prevent others from being hurt or killed on the job.

Continue reading "OSHA Chairwoman Says that OSHA Safety Enforcement is Weak" »

June 22, 2009

Worker Suffocates in Trench Collapse Accident

Workers performing their duties below ground level in Arizona must deal with the risks of collapse and suffocation every single day. The Arizona trench accident lawyers at Breyer Law Offices P.C. have helped the victims of trench collapses and their families receive the compensation they deserve to help with medical expenses, funeral expenses and other trench collapse accident-related expenses. If you or someone you care for has been injured or killed when a trench collapsed, the Arizona personal injury attorneys may be able to help you through this difficult period of your life.

According to a report about a trench construction accident, a soggy trench wall collapsed and suffocated a worker to death on May 6, 2009, while he was working on a 15-foot-deep trench. The day before the fatal trench accident, a city inspector had come on a routine inspection of the construction site and told the contractor that the trench was not properly secured. The accident victim was a subcontractor working on the construction of a new water tower just before 8 a.m. when part of the trench’s wall fell in on him and buried him in mud. Rescuers recovered the man’s body five hours later.

The construction death accident is currently being investigated by the Department of Occupational Safety and Health Administration and local police officials. In many cases, trench accidents occur because proper safety procedures are not followed and the lives of workers are put at risk.

Continue reading "Worker Suffocates in Trench Collapse Accident" »

June 5, 2009

OSHA Investigates Construction Company after the Deaths of Four Workers

Holding negligent Arizona construction companies responsible for the injuries they cause is a key part of injury claims brought by top Phoenix injury lawyers. However, the effort to stop unsafe construction practices and prevent unnecessary injuries must go beyond the borders of Arizona. Top level injury lawyers throughout the nation are called upon and needed to help construction workers after suffering preventable injuries or construction accident death.

According to a recent article, a construction company is being investigated by OSHA following a trench accident that claimed the lives of four workers in September 2008. OSHA has proposed nearly $202,000 in fines against the company for two alleged serious violations and three alleged willful violations of the OSH Act of 1970. The four workers were killed when a trench they were working in collapsed, trapping and suffocating the workers.

Charles Adkins—an OSHA administrator investigating the accident—said, "There is no excuse for this accident and these workers did not need to lose their lives. It is appalling to realize there are companies that would allow, or even require, their employees to enter excavations without having cave-in protection. It is imperative that employers take the necessary steps to eliminate hazards and provide a safe working environment for all of their employees to prevent accidents like this from occurring." The company has 15 business days from the receipt of the citations to comply with OSHA’s fines or contest the findings before an independent Occupational Safety and Health Review Commission.

As you can see, too many construction workers in Arizona and other states are working in dangerous conditions that could cause death and serious injury. In the aftermath of an Arizona construction accident, the victim’s family is often left without their primary breadwinner. Their unstable financial situation is then exacerbated by the pile of accident-related bills. In those moments, an experienced Tuscon construction accident attorney can be a very helpful resource for answering questions and helping families receive the financial compensation they deserve.

If you or a member of your family has suffered an injury or been killed in a construction accident, whether it is trench collapse or other matter, the experienced Arizona construction accident attorneys at Breyer Law Offices, P.C., may be able to help. They have helped countless construction accident victims and their families recover from these unfortunate, and often completely avoidable, incidents. This experience can be a huge asset when you need it the most. To schedule a free consultation with Arizona's skilled construction accident lawyers, contact the Arizona personal injury law firm Breyer Law Offices, P.C., today at 602.978.6400.

May 18, 2009

Trench Construction Accident Kills Worker

Arizona families are far too often faced with tragedy when their family member is severely hurt – or in some cases even killed – while working on a construction job. Plumbers, electricians, framers, and every other type of construction worker are at risk. When tragedy strikes and a family member is badly hurt on the job, finding a lawyer that knows that they are doing and has experience in personal injury claims is vital. Without the help of an accident lawyer, construction workers are less likely to receive all of the compensation to which they are entitled under Arizona injury law.

Sometimes, tragedy can strike in unexpected ways. A construction worker using a saw to cut a pipe in a trench was killed after the saw kicked back and struck him in the neck, according to a recent Associated Press news report. The worker was working for an excavating company, which was building a water pump. He was apparently using a large, gas-powered saw to cut through a water main when the trench accident occurred. He was taken to a local hospital where he was pronounced dead.

Occupational Safety and Health Administration (OSHA) officials are investigating the construction accident death, which is normal procedure to make sure that the company did not violate safety procedures. This same company reportedly received 11 OSHA citations for life-threatening violations involving a trench project in September. OSHA characterized those violations, which totaled up to $700,000, as intentional and that it showed "plain indifference" to federal workplace safety regulations.

Numerous construction accidents in Arizona occur each year as a result of unsafe workplace practices. These safety violations may include unstable scaffolds or structures, electrocution, auto accidents, slips and falls, and injuries because of machinery. Construction accidents can also occur as a result of malfunctioning or defective equipment. In such cases, the manufacturer of the defective product or another party that failed to properly maintain that equipment can be held liable.

If you or a loved one has been involved in an Arizona construction site accident, please call an experienced Phoenix construction accident attorney at Breyer Law to schedule a free consultation. Our successful team has represented Arizona personal injury victims for 12 years and we would be more than happy to provide a free a confidential case evaluation in your case. Even if you do not know if you want to bring a claim, we strongly encourage you to call any of the top Arizona injury lawyers you can find to make sure you know the answers to the questions (and even find out answers to questions you did not know existed!) before losing out on rights that are there for your legal protection.

May 1, 2009

Fatal Trench Collapse Leads to Steep Fine

The best Arizona construction accident and injury lawyers are often faced with proving the liability of third parties beyond just the fault of the employer of the injured Arizona construction worker. We see many reports of dangerous construction conditions leading to tragic injuries and wrongful death in construction zones, including the ever-dangerous trench situations.

A recent trench accident that resulted in the construction accident deaths of four workers on September 12, 2008 has led to a fine and citation issued by OSHA for alleged violations of the Occupational Safety and Health Act according to this report. During the agency’s investigation, they found that a Construction company had been guilty of three alleged willful and two alleged serious violations of the act in connection with the trench collapse.

Agencies such as OSHA help protect workers from all sorts of construction site accidents including trench collapse accidents but regrettably, many companies still cut corners and put their workers’ lives at risk. Trench collapse accidents can be especially deadly as workers can be suddenly buried under tons of dirt and many suffocate before they can be rescued. These accidents devastate families and in many cases, could have been avoided if the companies had provided adequate protection for their workers. Often times, it is not the employer for the injured worker who was at fault, but a separate employer who was reckless and led to the injury. This “third party” employer can be held responsible.

These types of accidents also occur in Arizona and other states and cause economic hardship for victims’ families. If you or someone you care for has been injured or killed in an Arizona trench collapse accident or another type of Arizona construction accident, the Arizona trench collapse accident attorneys at Breyer Law Offices, P.C., may be able to help. For a free consultation with our experienced Arizona trench collapse accident lawyers, call us today at 602.978.6400.