Accident Lawyer Construction Accident 3

Question 1

The 'Fatal Four' causes of construction deaths identified by OSHA are falls, electrocutions, struck-by incidents, and what else?

Accepted Answer

Caught-in/between incidents

Answer

OSHA's Fatal Four are falls, electrocution, struck-by, and caught-in/between hazards.

Question 2

A trench deeper than 5 feet collapses on a worker where no protective system was used. Which OSHA requirement was most directly violated?

Accepted Answer

Excavations over 5 feet require shoring, sloping, or a trench box

Answer

OSHA 1926 Subpart P requires a protective system for excavations 5 feet or deeper unless in stable rock.

Question 3

Under the 'retained control' exception, when can a property owner who hired an independent contractor be liable for a construction worker's injury?

Accepted Answer

When the owner kept control over the manner and methods of the injury-causing work

Answer

An owner who retains control over how work is performed can owe a duty of care despite hiring an independent contractor.

Question 4

An undocumented construction worker is injured on the job in most U.S. states. What is the general rule on workers' compensation eligibility?

Accepted Answer

Immigration status generally does not bar receiving workers' compensation benefits

Answer

Most states extend workers' compensation coverage to undocumented workers, though some limit certain wage-loss remedies.

Question 5

A delivery driver, not employed by any contractor, is struck by falling debris while dropping materials at a site. What is his strongest claim?

Accepted Answer

A negligence suit against the contractor responsible for overhead protection

Answer

As a non-employee, the driver is not limited by comp exclusivity and can sue the negligent contractor directly in tort.

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