Construction and Workplace Accidents, Employer Intentional Tort Claims

Workplace Accidents

At the law office of Brian G. Miller Co., L.P.A., in Columbus, Ohio, we provide expert legal assistance for clients who have been involved in construction site accidents, workplace accidents, and/or employer intentional tort claims. Hazardous working conditions, such as those found on a construction site or in a factory, can easily become catastrophic or deadly when safety regulations are ignored by an employer or contractor. At Miller Law, we handle serious personal injury cases for our clients that include: head injuries, eye injuries, neck injuries, shoulder injuries, back, disc, spinal cord injuries, nerve injuries, brain injury / Traumatic Brain Injury (TBI), crush injuries, amputations, broken leg, broken arm, broken limb injuries, foot and hand injuries, pelvic injuries, knee injuries, ankle injuries, and burn injuries, on behalf of injured workers and the families of fatal accident victims throughout Columbus, Ohio.

If you or a loved one has suffered a serious workplace injury or a fatal accident (see wrongful death claims) due to negligent safety standards or dangerous working conditions, you should consider hiring an attorney who will help you recover the fair and just compensation you need to cover lost wages, medical bills, pain and suffering, and other incurred losses.

Depending upon the unique circumstances of the case, there may be grounds for a workers' compensation, employer intentional tort, third party liability, product liability, or premises liability claim. Miller Law has experience in successfully resolving and prosecuting each of these types of claims.

Such experience includes, but is not limited to, circumstances involving:

  • Industrial accidents
  • Unguarded machinery
  • Trench collapse accidents
  • Crane fall or equipment collapse accidents
  • Forklift injuries
  • Electrical shock
  • Insulation of electrical equipment
  • Lockout accidents
  • And others, including specifics listed below

Construction Site Accidents

A construction site can be a relatively dangerous work environment in and of itself. However, when negligence or other improper action occurs in the form of non-compliance with safety standards, the results can prove catastrophic for employees.

Generally unsafe conditions can result from improper maintenance of property and equipment, failure to properly mark off hazards, and poor communication between general contractors and subcontractors. Examples of dangerous hazards, which can create an injured person's claim for damages include:

  • Unguarded or improperly guarded holes, drops, or elevator shafts
  • Unsecured boards, flooring, or other supports
  • Failure to supply fall protection and/or a lanyard or harness for tie-off
  • Scaffolding that is improperly secured or constructed

We have many years of experience handling these very specific types of claims.

In addition, simple miscommunication and/or negligent compliance with Occupational Safety and Health Administration (OSHA) regulations by general contractors, subcontractors, and other third parties working at a construction site may cause serious injury and result in the ability to file third-party liability claims.

Employer Intentional Tort Claims

A specific type of claim against a person's employer based upon unsafe working conditions within a plant, mill, factory, or other workplace, is an employer intentional tort. Ohio Revised Code §2745.011 governs employment intentional tort claims. The law indicates that if a company and/or its supervisors act in such a way that they deliberately intend to injure an employee or are substantially certain an employee will be hurt, that company can be held responsible for the employee's injuries and damages. An example of an employer's conduct which would typically result in such a claim is the deliberate removal of safety guards or guarding from a piece of industrial machinery such as a press, saw, conveyor belt, or any machine with rotating parts, pinch points, or nip points. Obviously, these claims can often involve very bad injuries such as the loss or partial amputation of fingers, hands, and arms. If hair or clothing becomes entangled in machinery because of a lack of guarding, serious injuries can also occur to the scalp and other parts of the body.

Occupational Safety and Health Administration (OSHA) regulations, industry standards, and other safety standards and regulations are often critical in analyzing the fault and mindset of a defendant employer in these types of cases. Lead Attorney of the Columbus, Ohio firm, Brian G. Miller, has extensive experience with such regulations and standards based upon his prior case experience, and he recognizes the critical role they play in the assessment of potential cases against one's employer.

Many employer intentional tort cases and workplace claims are interrelated with product liability claims, which the law firm also has experience handling. Product defects, errors with design, and inadequate warnings can all create the basis of a claim against the machine or product's manufacturer or supplier.

Our firm carries a manageable client caseload, and we feel this ensures our ability to pay careful attention to the details of each and every case. We provide free consultations. We also handle workplace injury cases on a contingency fee basis. This means that our fee will be a percentage of the overall recovery we are able to help you achieve. If you do not make any recovery, you do not owe us a fee. To discuss your workplace injury case with a trusted, respected, and experienced workplace injury attorney, please contact our Columbus, Ohio law firm at (614) 221-4035.