Preventing Construction Site Back Injuries

In the construction industry, 25% of injuries are back injuries. Construction has a higher rate of back injuries than any other injury, except transportation. Back injuries cause 1 in 100 construction workers to miss time from work every year.

Construction site back injuries are most often caused by lifting, lowering, carrying, pushing, and puling materials. Low back injuries are more likely if you often carry heavy loads, must twist while carrying heavy loads, or work a lot while bending over or in other awkward positions. Most back injuries are sprains and strains, but a back injury can be more severe, such as a herniated disc or nerve impingement.

Many construction back injuries can be avoided by:

• Cutting down on carrying. Have materials delivered close to where they will be used. 
• Storing materials at waist height. Lifting from higher or lower heights can be awkward, and can increase the risk of back injury. 
• Raise your work to waist level. Working at waist level avoids awkward postures. 
• Make sure floors and walkways are clear and try. Slips, trips, and falls are a common cause of back injuries. 
• Take breaks. When you’re fatigued, you’re more likely to sustain injury. 
• Use carts, dollies, forklifts, and hoists to move heavy materials. 
• Use carrying tools with handles. Decrease your risk of back injury by having a good grip on awkward loads. 
• Avoid lifting items weighing more than 50 pounds by yourself. Get help from someone else, or use a cart. 
• Keep the load as close to your body as you can when carrying or lifting. 
• Avoid twisting when lifting and lowering materials. 
• Lift and lower materials in a smooth motion. 
• Don’t bend over when lifting materials off the ground. 

If you’ve sustained an on-the-job construction injury, you may be entitled to Minnesota workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits, and/or rehabilitation benefits. For a free, no-obligation case consultation contact Meuser & Associate at 877-746-5680, or click here to send us an email. 

Scaffold Safety and Minnesota Workers' Compensation

According to OSHA, at least 2.3 million workers, or 65% of workers in the construction industry, perform their jobs perched on top of scaffolds. 

Scaffold-related accidents can easily result in serious injury or death, and OSHA strictly regulates their use. Annually, on average, 60 workers are killed, and another 4,500 are injured as the result of scaffold accidents.
 
In our Minnesota workers’ compensation practice, we have handled a number of workers’ compensation claims due to scaffolding accidents. These injuries have included traumatic brain injuries, broken bones, back injuries, neck injuries, shoulder injuries, and knee injuries.

Most commonly, these injuries stem from falling off a scaffold, but we’ve also seen cases involving scaffold collapse or overturning, or workers being struck by objects falling from scaffolding overhead.

Minnesota workers utilizing scaffolding should be aware of the following safety requirements:

• Scaffolds must be specifically designed for that purposes. Never jury-rig a scaffold from ladders and planks. 
• Supported scaffolds must be placed on base plates or other firm foundations, must have platforms at least 18 inches wide, and must be built to withstand at least four times the intended load. 
• Suspended scaffolds must be able to withstand six times there intended load, and have specific requirements about the wire rope used to lift them, and how it must be maintained. 
• Scaffolds require toprails and toeboards. If there are people working or passing beneath the scaffold, there must be a screen installed between the toprails and toeboards. 
• Before every shift, a “competent person” must inspect the scaffold. 
• Debris nets or other protective devices must be used under scaffolds if anyone can pass beneath. People working beneath scaffolds must wear hardhats, and people working on top of scaffolds should wear hardhats, too. 
• Workers on scaffold should wear shoes with nonslip soles move carefully, and avoid leaving materials on the scaffolds that might cause a tripping hazard or fall on workers beneath the scaffold. 
• Fall protection devices are required when working more than 10 feet above the ground or the next level down. 
• Care should be taken by workers at ground level to avoid running into or hitting a scaffold with heavy equipment. 
• Scaffold work should be avoided in stormy or windy weather, or when platforms are slippery. 

In Minnesota, if you’ve suffered a work-related injury, you may be eligible for workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits, and/or rehabilitation benefits. Scaffold accidents often result in serious injury.

A Minnesota workers’ compensation attorney can help make sure that you get the benefits you’re entitled to. For a free, no-obligation workers’ compensation case evaluation, call Meuser & Associate at 877-746-5680 or click here to send us an email. 

The 10 Worst Jobs of 2011

According to Careercast.com, Roustabout is the worst job of 2011. 

Until I read this article, I had no idea what a roustabout was. A roustabout is an oil worker. These folks are the key maintenance providers on oil rigs and pipelines.

So why is it the worst job of 2011? These folks perform back-breaking labor for 12 or more hours a day, at all hours of the day or night, in conditions ranging from arctic winters to desert summers to ocean storms. Some of these folks who work in volatile locations of the world face the threat of attack from terrorists or hostile individuals. Roustabouts deal hands-on with dangerous drilling equipment and face the risk of serious injury or death on a daily basis. Following the Deepwater Horizon disaster last year, the federal government instituted a seven year suspension of off-shore drilling in the eastern Gulf and Atlantic coastline areas, job prospects for oil rig workers are diminishing.

Careercast surveyed 200 different jobs, and ranked those professions according to five criteria: 1) work environment, 2) physical demands, 3) outlook, 4) income, and 5) stress.

And, without further ado, the worst ten jobs of 2011 according to Careercast.com:

1. Roustabout. Roustabouts perform routine physical labor and maintenance on oil rigs and pipelines, both on and off shore.  
2. Ironworker. Ironworkers construct the steel framework of buildings, bridges, and other structures. 
3. Lumberjack. Lumberjacks fell, cut, and transport timber to be processed into lumber, paper, and other wood products. 
4. Roofer. Roofers install roofs on new buildings, perform repairs on old roofs, and re-roof old buildings. 
5. Taxi driver. Taxi drivers operate taxi cabs over the streets and roads of a municipality, picking up and dropping off passengers by request. 
6. Emergency Medical Technician. EMTs attend to situations which demand immediate medical attention, such as automobile accidents, heart attacks, and gunshot wounds. 
7. Welder. Welders join or repair metal surfaces through the application of heat. 
8. Painter. Painters prepare surfaces, and apply paints, varnishes, and finishes to the interiors and exteriors of houses and other structures. 
9. Meter reader. Meter readers monitor public utility meters and record volume of consumption by customers. 
10. Construction worker. Construction workers assist construction trade workers by performing a wide variety of tasks requiring physical labor. 

When I look at this list of the “worst” jobs, it seems like they all have at least one thing in common: workers in these jobs tend to work in worse conditions, and tend to be at greater risk of injury than many other occupations. That being said, I know many people who work in these occupations, and many of them love their jobs.

In Minnesota, if you’ve suffered a work-related injury, you may be eligible for workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits, and/or rehabilitation benefits.

For a free, no-obligation Minnesota workers’ compensation consultation, call Meuser & Associate at 877-746-5680 or click here to send us an email. 

Enforcement Actions Against Uninsured Employers in Minnesota on the Rise

Employees who are injured on the job working for an employer who failed to carry mandatory workers’ compensation insurance may be eligible for workers’ compensation benefits through the Minnesota Special Compensation Fund. 

The Minnesota Special Compensation Fund of the Minnesota Department of Labor and Industry is also charged with enforcing mandatory workers’ compensation overage. Recently, improved technological access and staffing changes has allowed the Special Compensation Fund to increase its enforcement efforts against uninsured employers in the state of Minnesota.

Recently, there has been a 441% increase in the number of penalties issued to employers who failed to carry mandatory workers’ compensation insurance. The number of penalties assessed increased from 210 during fiscal year 2007 to 1,137 penalties in fiscal year 2011, and the amount of penalties collected increased from $711,941 in fiscal year 2007 to $1,684,982 in fiscal year 2011.

Penalties collected by the Special Compensation Fund go to the Assigned Risk Safety account, which provides safety grants to qualified employers for projects designed to reduce the risk of injury or illness to their employees, and to other related safety and health initiatives at the Department of Labor and Industry.

By increasing enforcement and awareness of workers’ compensation insurance coverage requirements, the Special Compensation Fund hopes to reduce the number of workers’ compensation claims involving uninsured employers, which will ultimately reduce costs to the state and taxpayers, and to employers throughout the state by lowering workers’ compensation premiums.

Meuser & Associate has represented many workers who sustained injuries on the job, only to learn that their employer failed to carry the required workers’ compensation insurance. Thankfully, through the Special Compensation Fund, the State of Minnesota provides workers’ compensation benefits to workers who are injured on the job, when their employers fail to carry workers’ compensation insurance.

All too often, however, employers who know they don’t carry the required insurance try to get their injured workers to lie about how their accident happened, or try to convince them not to make a claim. Some of these employers promise to pay the hospital bill, and some promise to pay your regular wages while you’re off work. Almost invariably, when that $3,000 emergency room bill comes, or when you need an MRI, that employer who made you promises to take care of you is nowhere to be found. Likewise, if you’re off work for more than a day or two, rest assured, after a couple days, that employer will stop returning your calls.

If you sustain a serious on-the-job injury in Minnesota, and your employer pressures you not to file a claim, there’s a good change they’re uninsured. Employers who fail to carry mandatory workers’ compensation insurance are subject to fines and penalties. If the Special Compensation Fund has to make payments to an injured worker, the uninsured employer may also be subject to a claim for reimbursement plus a significant penalty.

If your employer was cutting corners in the first place by not carrying workers’ compensation insurance, they’re almost certainly not going to be there for you if you sustain an on-the-job injury. Uninsured employers are looking out for their own interests, and if you’re injured on the job, you need to look out for your own interests. Report your work-related injury. 

For a free, no-obligation Minnesota workers’ compensation case evaluation, contact Meuser & Associate at 877-746-5680, or click here to send us an email to schedule an appointment with one of our attorneys. 

Construction Laborers and Work Injuries

Performing heavy labor at a construction site can lead to work injuries. Construction laborers commonly sustain injuries to their back, fingers and hands, and knees, as the result of repetitive, strenuous job activities.

Some types of job activities, that when performed repetitively for prolonged periods of time, can lead to injuries, include:

• Exerting significant force to perform tasks or use tools 
• Remaining in a static position for extended periods of time 
• Pressure against a body part from a hard surface or edge 
• Using awkward back, hand, wrist, elbow, or shoulder positions 
• Working in positions such as bending, stooping, kneeling, twisting, or overhead reaching, repetitively, or for prolonged periods 
• Sitting on, standing on, or holding vibrating equipment or tools 
• Working in very hot or very cold temperatures 

Symptoms of a construction injury can include:

• Pain 
• Stiffness 
• Aching 
• Fatigue 
• Temperature changes in the hands or feet 
• Swelling 
• Numbness 
• Tingling 
• Changes in skin color 
• Weakness 
• Loss of sensation 

If you sustain an injury on the job as a construction laborer, it’s important to get medical attention. It is also important that you report your injury to your employer as soon as possible. If you sustain an on-the-job construction labor injury in Minnesota, you may be entitled to workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits, and/or rehabilitation benefits.

Construction workers often run into unique issues on their workers' compensation cases, including insurance coverage issues, and third party liability issues. An experienced Minnesota workers' compensation lawyer can help you navigate the system. To learn more about your Minnesota workers’ compensation rights, contact Meuser & Associate at 877-746-5680 or click here to send us an email for a FREE, NO-OBLIGATION case evaluation.

Portable Ladder Safety: Minnesota Workers’ Compensation

Falls from ladders are a leading cause of occupational injury and death. If you sustain injuries as a result of a fall from a ladder at work, in Minnesota, you are eligible for workers’ compensation benefits, including medical benefits, wage loss benefits, permanent partial disability benefits, and rehabilitation benefits.

About 100 people die as a result of falling from a ladder each year, and ladder falls account for approximately 100 thousand injuries every year. Ladder falls most commonly involve injuries to the elbow and forearm, knee and lower leg, and the head. Fractures as a result of ladder falls most commonly involved fractures to the forearm, lower leg and ankle, and ribs, sternum and thoracic spine.

There are things you can do to avoid falls from ladders, including:

• Avoiding electrical hazards by looking for overhead lines before placing a ladder and avoiding metal ladders and equipment. Inspecting the ladder before use. 
• Don’t use damaged ladders. 
• Don’t use the top step or rung of a ladder unless it was designed for that purpose. 
• Don’t use self-supporting ladders as a single ladder or in a closed position, i.e., don’t lean a closed step ladder up against the side of a house. 
• Use a ladder on stable and level surfaces, or secure it at the top or bottom to avoid movement.
• Don’t place a ladder on top of boxes, barrels, or other unstable objects to obtain additional height. 
• Don’t move or shift a ladder while a person or equipment is on the ladder. 
• Be sure that all locks on an extension ladder are properly engaged. 

For more safety tips, check out OSHA’s Portable Ladder Safety Quick Card. If you’ve sustained injuries as a result of a ladder fall at work, contact Meuser & Associate for a FREE, NO-OBLIGATION case evaluation to learn about your Minnesota workers’ compensation rights.

Call us at 877-746-5680 or click here to send us an email.

MN Workers’ Comp: Independent Contractor or Employee?

In Minnesota, independent contractors are NOT covered for workers’ compensation benefits, including medical benefits, wage loss benefits, permanency benefits, or rehabilitation benefits. Employees, on the other hand, ARE covered for workers’ compensation.

In Minnesota, all employers are required by law to carry workers’ compensation insurance to cover their employees in the event of a work-related injury. The MN Department of Labor and Industry has a search tool to look up whether your employer carries legally-required workers’ compensation insurance.

If you’re an independent contractor and you sustain a serious on-the-job injury, medical bills and loss of income after a work injury can be financially devastating. That’s why it’s absolutely critical to have an experienced workers’ compensation attorney evaluate your case if you’re not sure whether you are an independent contractor or an employee.

Even if your employer tells you that you’re an independent contractor rather than an employee, you may still be covered for workers’ compensation. A determination as to whether you qualify as an “employee” or an “independent contractor” for purposes of workers’ compensation is a legal question that requires analysis of several different factors.

Just because your employer says you are an independent contractor doesn’t mean it’s true under the law. In fact, employers often have financial incentive to designate its employees as “independent contractors,” even though they don’t meet the legal definition for “independent contractors.” First, employers avoid paying social security and federal and state taxes for independent contractors. They also avoid contributing to state unemployment, and federal Medicare contributions. Employers in some industries may also classify their employees as independent contractors to avoid having to pay for workers’ compensation insurance coverage.

Depending on the industry you are working in, there are different factors that are analyzed in making a determination as to whether you are an independent contractor or an employee.

Don’t rely on your employer to tell you what your legal classification is! We routinely meet with employees who are hurt on the job who are told that they are independent contractors, so they are on their own for medical bills or wage loss following an injury.

Some industries where this problem is most prevalent include: 

• Residential and commercial construction 
• Roofing 
• Landscaping 
• Telecommunications installation and sales 
• Appliance sales, delivery and installation 
• Sales 
• Collections 
• Delivery 
• Couriers 
• Drivers 

If you were hurt on the job and you don’t know whether you’re an independent contractor or an employee, contact Meuser & Associate for a free, no-obligation case evaluation. Call us at 877-746-5680 or click here to send us an email to schedule a time to speak with Jen Yackley or Ron Meuser about your rights.

Keep Safe in Minnesota Work Zones! MnDOT Starts Roadwork Projects

Now that winter’s (mostly) over, it’s time for road construction season in Minnesota. The Minnesota Department of Transportation announced its $900 million 2011 transportation construction program to increase safety, improve mobility, expand capacity, and preserve infrastructure statewide.

There are 258 state highway construction projects planned, as well as railroad crossing upgrades, repairs to seawalls and docks, runway and terminal repairs, and transit facility remodeling. “MnDOT is focused on improving our roads and bridges and maximizing the capacity of our multimodal transportation system to give the traveling public more options and improve Minnesotans’ quality of life,” said Tom Sorel, MnDOT Commissioner.

Major Minnesota projects include:

• Converting Highway 169/Interstate 494 to a freeway to improve traffic flow and reduce congestion in Bloomington, Eden Prairie and Edina.
• Rebuilding the Highway 52 Lafayette Bridge in St. Paul.
• Continuing to resurface Interstate 94 between St. Paul and Minneapolis.
• Constructing a new interchange at Highway 101 and Highway 13 in Savage.
• Reconstructing the Highway 36 and Rice Street interchange and replacing the Rice Street bridge in Roseville/Little Canada.
• Replacing and repairing bridge and pavement on Interstate 35 from Boundary Avenue to 26t Avenue East in Duluth.
• Resurfacing Highway 34 from Park Rapids to Akeley, including installing turn lanes and replacing culverts.
• Constructing four lanes on Highway 23 east of St. Cloud to Foley.
• Replacing three bridges and resurfacing Highway 9 from the Norman/Clay county line to Highway 10.
• Constructing a four-lane expansion, including bridges, on Highway 14 by Waseca.

For a complete list of projects, including construction dates and traffic impacts, visit the MnDOT construction website.

Most injuries and deaths happen to motorists driving through work zones, and the main causes of work zone crashes are excessive speed and inattention by drivers. Remember, fines may double for violating traffic laws in work zones. To keep motorists and construction zone workers safe in highway work zones, MnDOT offers these tips:

• Obey posted speeds.
• Watch out for work zones.
• Stay alert, expect the unexpected.
• Never enter a roadway that has been blocked with barriers or cones.
• Don’t tailgate! Keep plenty of space between you and the vehicle ahead.
• Anticipate lane shifts and merge when directed to do so.
• Don’t change lanes unnecessarily.
• Avoid using cell phones and mobile devices while driving in work zones.
• Be patient. Expect delays, especially during peak travel times

If you’ve sustained injuries as a result of auto collision or a work zone accident, you may be entitled to compensation. Call us at 877-746-5680 or click here to send us an email to speak with Ron Meuser or Jen Yackley for a free, no-obligation legal consultation.

Serice Construction Employee Injured in Forklift Accident in Eden Prairie on April 8, 2011

According to Kare11, police and first responders were called to 6855 Shady Oak Road in Eden Prairie, Minnesota just after 8:30 a.m. on Friday morning, April 8, 2011.

The 911 call reported that a Serice Construction employee was pinned between a forklift and a garage door frame. When first responders arrived, he had been freed, but he was transported to Hennepin County Medical Center with non-life threatening injuries.

Eden Prairie Police and OSHA are investigating the incident.

Each year, about 100 workers are killed in the United States, and an additional 20,000 are seriously injured in forklift accidents at work.

Forklift accidents can be caused by:

• Tipping over. Carrying loads that are too heavy can cause a forklift to overturn. Forklift overturns are the most common cause of fatalities involving forklifts. Forklifts that tip over can crush nearby workers, or crush the worker operating the forklift.
• Falling objects. Forklift drivers can be seriously injured or killed by objects falling and hitting the driver while operating a forklift. If the forklift is operated in a confined area, the risk of hitting something with the forklift or with the load, which then falls onto the driver is magnified. Falling loads can also seriously injure or kill workers who are near the forklift.
• Driver Ejection. Falling from a forklift is one of the most common causes of forklift fatalities for workers.
• Being struck by a forklift. Another common cause of forklift-related deaths is when a nearby worker is struck by a forklift. This can happen when a worker fails to notice an oncoming forklift, or if the forklift does not have signal alarms.
• Lifting workers. Forklifts are not designed to be used to elevate workers. Should the operator lose control, a worker elevated on a forklift can fall and be seriously injured or killed.
• Poor Driving Conditions. Poor visibility, narrow pathways, obstructed intersections, obstacles, and unsafe floor or ground conditions can all cause forklift accidents.

If you’ve been involved in a forklift accident at work in Minnesota, you may be entitled to Minnesota workers’ compensation benefits, including medical expense benefits, wage loss benefits, rehabilitation benefits, and permanent partial disability benefits. If you are hurt at work, make sure you receive all the benefits you are entitled to. For a free, no-obligation consultation regarding your workers’ compensation case, contact Meuser & Associates at 877-746-5680 or click here to send us an email.

Dangers of Trench Collapse in Minnesota

Trench collapse is probably one of dreaded types of construction accidents. Trench construction is highly regulated by OSHA and other state and federal entities to avoid serious injury or death to people working in or around trenches. Despite these regulations, trench collapses still happen with a fair amount of regularity.

Trench collapses and cave-ins can be caused by failure to follow safety guidelines, negligence or carelessness, flooding, improper shoring, equipment defects, machinery resting too close to the edge, inadequate safety equipment, or poor digging. Regardless of the cause, injuries sustained by workers involved in a trench collapse are almost always severe.

Trenches are associated with any number of dangerous. For example, workers can sustain serious injury if they accidentally fall into a trench. They can be injured if an object falls into the trench, striking them. Workers in trenches can be electrocuted or burned or killed in an explosion if a utility line is ruptured during excavation. Excavators and the workers operating them can tip into an open trench of the sides of the trench are not properly supported, or if the sides give way. Workers in trenches also face the risk of being overcome by the sudden release of gasses, either from a ruptured gas pipe, or from naturally occurring gases. The risk of a worker drowning in a trench occurs when a trench is too deep for the worker to get out of easily, or there is no escape access, and the trench fills with water from a ruptured pipe. The sudden release of water into a trench can also cause the ground materials forming the sides of the trench to suddenly collapse, trapping workers in deadly mud.

The most deadly type of trench accident is trench collapse, where the ground materials of a trench collapse, burying a worker. The sheer weight of soil or other ground material can crush or asphyxiate a worker in a very short period of time. Rescuing a partially buried worker is extremely difficult, and the worker may have sustained fatal injuries by the time he or she is rescued. Broken bones, lung collapse, back and neck injuries, and amputation injuries are all common when a construction worker is trapped in a collapsed trench.

Some common types of trench collapse or cave-in injuries include:

• Asphyxiation
• Drowning
• Lung collapse
• Broken legs and ankles
• Broken arms, wrists, and hands
• Knee injuries
• Shoulder injuries
• Nerve damage in the extremities
• Spinal cord injuries
• Injuries to the internal organs
• Traumatic brain injuries
• Neck injuries
• Back injuries
• Broken hips or pelvis
• Crush or amputation injuries
• Lacerations

Minnesota construction workers who are injured in trench cave-ins or other trench accidents are generally entitled to Minnesota workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits, and rehabilitation benefits.

If the trench accident was caused by the negligence or carelessness of an entity other than the construction’s employer or a co-worker, in addition to a workers’ compensation claim, the injured worker may also have what’s known as a third-party liability claim, which includes claims for medical expenses, wage loss benefits, and pain and suffering.

If your loved one died as a result of a trench collapse accident in Minnesota, you may be eligible for Minnesota workers' compensation death and dependency benefits, and you may have a wrongful death claim if the trench cave-in was caused by the negligence of a third party.

If you’ve sustained injuries as a result of a trench accident in Minnesota, make sure you get all the benefits you’re entitled to. Contact Meuser & Associate at 877-746-5680 or click here to send us an email for a free, no-obligation case evaluation consultation with one of our Minnesota workers’ compensation lawyers.

OSHA’s 2010 List of Top Ten Most Common Violations

According to Risk & Insurance Online, OSHA has released its Top 10 list of most frequently cited violations. These violations are cited by OSHA because of the significant dangers they pose to workers.

1. Scaffolding - general requirements. Scaffolding regulations aim to protect construction workers from falls and falling objects while working on or near scaffolding at heights of 10 feet or more.
2. Fall protection - general requirements. Fall protection regulations are designed to protect employees on a walking/working surface with an unprotected side or edge above 6 feet.
3. Hazard communication – Thee guidelines address chemical hazards and the communication of them to workers.
4. Respiratory protection – Respiratory regulations direct employers in establishing/maintaining a respiratory protection program.
5. Ladders - general requirements for all ladders. These requirements protect workers from fall dangers.
6. Lockout/tagout – These regulations addresses the control of hazardous energy during servicing and maintenance of machines and equipment.
7. Electrical - wiring methods. These guidelines deal with the grounding of electrical equipment, wiring, and insulation.
8. Powered industrial trucks –These rules cover the design, maintenance, and operation of powered industrial trucks.
9. Electrical - general requirements. These requirements deal with general safety requirements for designing electrical systems.
10. Machine guarding - general requirements. These rules cover guarding of machinery to protect operators and other employees from hazards.

If you’ve sustained a work-related injury either as a result of OSHA violations, or otherwise, you may be entitled to Minnesota workers’ compensation benefits, including wage loss benefits, medical expense benefits, permanent partial disability benefits and/or rehabilitation benefits.

For a free, no-obligation consultation to learn about your Minnesota workers’ compensation rights, call us at 877-746-5680 or click here to send us an email to speak with one of our workers’ compensation lawyers.

Visit us at MeuserLaw.com!

Common Minnesota Construction Injuries and Work Comp

As the weather starts to warm up here in Minnesota, construction season is going to get into full swing. Unfortunately, with more construction comes more construction worker injuries.

Some of the most common and most severe construction worker injuries we see in our Minnesota workers’ compensation practice include:

Head injuries. Construction-related head injuries can be caused by slip and falls, trip and falls, motor vehicle accidents, falling equipment or materials, blunt force trauma and many other things, and can result in closed-head injury, traumatic brain injury, concussion, coma, or even death.

Repetitive motion injuries. Repetitive motion injuries are also known as cumulative trauma injuries, or Gillette-type injuries in Minnesota workers’ compensation. They can include carpal tunnel syndrome, tendinitis, rotator cuff tears, trigger finger, epicondylitis, degenerative disc disease, cervical or lumbar herniations, meniscus tears, and many other conditions. These types of injuries occur over time and are usually the result of a combination of muscle tension, repetitive motions, over use, and incorrect posture.

Spinal cord injuries. The spinal cord controls every function of the human body. A spinal cord injury can be devastating. Spinal cord injuries can cause a variety of disabilities, including loss of sensation or function, A severe spinal cord injury can cause devastating disability, paralysis, quadriplegia, paraplegia, or even death.

Crush and amputation injuries. Equipment used in the construction trades is meant to cut and shape wood, metal, concrete, and other materials. When the human body comes into contact with these types of tools and machines, the results can be devastating, including traumatic or surgical amputation, loss of function, and disfigurement.

Burn injuries. Construction workers are surrounded by burn risks on a job site, including hot water, steam, chemicals, explosions, and electricity. Burn injuries are terribly painful, and can result in loss of function and disfigurement.

Broken bones and dislocated joints. Fractures can occur as a result of trip and falls, slip and falls, dropped equipment or materials, motor vehicle collisions, or a variety of other accidents. Dislocations usually occur when a joint is suddenly moved beyond its normal range of motion. These types of injuries can cause severe disability and loss of range of motion.

Eye injuries. Construction sites are eye injury hazards, ranging from chemicals, to wood and metal chips, to tools like nail guns or staplers. Eye injuries that cause blindness or impair a workers’ vision can be devastating.

Herniated discs. Herniated discs in the low back or neck are probably the most common construction worker injury we see in our workers’ compensation practice. They can be caused by almost any kind of trauma – overuse, lifting, twisting, falls, contact with objects, and motor vehicle collisions. They can also be severely disabling.

Construction worker injuries also raise a number of unique issues in workers’ compensation law, including determining whether the injured worker is an independent contractor, which contractor is responsible for workers’ compensation insurance coverage, and whether there is a third party liability claim.

Unfortunately, construction worker injuries can be some of the most contentious types of workers’ compensation claims. If you’ve sustained an injury as a result of a construction accident in Minnesota, you may be entitled to workers’ compensation benefits. Make sure you get all the workers’ compensation benefits you are entitled to. Don’t let a construction injury ruin your life. Contact us at 877-746-5680 or click here to send us an email for a free, no-obligation consultation with one of our workers’ compensation lawyers.

Visit us at MeuserLaw.com to learn more about Minnesota workers' compensation.

Top Four Construction Injury Hazards

According to OSHA, the top four causes of construction fatalities are 1) falls, 2) being struck by objects, 3) being caught in confined spaces or between objects, and 4) electrocutions.

Here are some simple tips to avoid these hazards: 

Preventing Injuries from Falls

• Employees should wear and use personal fall arrest equipment.
• Employers should ensure that perimeter protection is installed and maintained.
• Floor openings should be covered, secured, and labeled.
• Employee should use ladders and scaffolds safely.

Preventing Injuries from Being Struck by an Object

• An employee should avoid positioning him or herself between moving and fixed objects.
• Employees should wear high-visibility clothing near equipment and vehicles.

Preventing Injuries from Being Caught In Confined Spaces or Between Objects

• Employee should not enter an unprotected trench or excavation five feet or deeper without an adequate protective system.
• Employers should make sure trenches or excavations are protected either by sloping, shoring, benching or trench shield systems.

Preventing Injuries from Electrocutions

• Employees and employers should locate and identify utilities before starting work.
• Employees should look for overhead power lines when operating any equipment.
• Employees should maintain a safe distance away from power lines and learn the safe distance requirements.
• Employees should not operate portable electric tools unless they are grounded or double insulated.
• Ground-fault circuit interrupters should be used for protection.
• Employees should be alert to electrical hazards when working with ladders, scaffolds or other platforms.

When a construction worker is injured on a job site, it often raises unique issues under the Minnesota workers’ compensation law. For example, there may be a dispute as to whether the worker is an independent contractor or an employee. Independent contractors are not covered by workers’ compensation in Minnesota, but employees are covered. Another rule unique to the construction industry is that if an employee is injured, and the subcontractor-employer is uninsured for workers’ compensation, the general contractor may be liable for workers’ compensation benefits. A third issue that frequently arises when a construction worker sustains injury is determining whether there is a liability claim against a negligent third party, in addition to a claim for workers’ compensation benefits.

If you’ve sustained a work-related construction injury, you should speak with a workers’ compensation lawyer to learn how to protect your Minnesota workers’ compensation rights, and to explore any potential rights you have to make a third-party liability claim to compensate you for your injuries. For a free, no-obligation consultation with one of our workers' compensation lawyers, contact Meuser & Associates at 877-746-5680, or click here to send us an email.

Top Ten OSHA Safety Violations – MN Workers’ Compensation

According to Risk & Insurance Online, during 2008, the number of top ten OSHA safety violations increased nearly 30 percent.

The top ten OSHA safety violations in 2008 included:

1. Scaffolding (9,093 violations): According to OSHA, scaffold injuries occur most often when planking or support gives away, from an employee slipping, or when an employee is struck by a falling object.
2. Fall protection (6,771 violations): OSHA requires fall safety precautions anytime a worker is at a height of four feet or more in general industry, five feet in maritime work environments, and six feet in construction.
3. Hazard communication (6,378 violations): Employees working with hazardous or toxic chemicals must be provided with material safety data sheets.
4. Respiratory protection (3,803 violations): Respirators protect workers from harmful dusts, fogs, smokes, mists, gasses, vapors, and sprays, which may cause cancer, lung disorders, or other diseases.
5. Lockout/tagout (3,321 violations): Lockout/tagout procedures are practices that safeguard employees from an unexpected startup of machines or the release of hazardous energy during maintenance.
6. Electrical/wiring (3,079 violations): Many employees, including engineers, electricians, and other professionals directly work with electricity, including overhead lines, cable harnesses, and circuit assemblies.
7. Ladders (3,072 violations): According to the Department of Labor, falls are one of the leading causes of work-related deaths.
8. Powered industrial trucks (2,993 violations). Workers can be injured when trucks are inadvertently driven off loading docks, trucks fall between a dock and a trailer, workers are struck by a truck, or when they fall from trucks.
9. Electrical (2,556 violations). Almost all employee are indirectly exposed to electricity and may be exposed to electrical hazards.
10. Machine guarding (2,364 violations). Inadequate machine guarding can lead to catastrophic injury or death.

If you are injured in the course and scope of your employment, you may be entitled to Minnesota workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanency benefits, and rehabilitation benefits.

For a free, no-obligation consultation to learn about your rights under Minnesota workers’ compensation law, contact Meuser & Associates at  877-746-5680 or click here to send us an email.

Backovers -- Leading Cause of Worker Fatalities in Work Zones

The leading cause of fatalities for workers in work zones is being run over or backed over by vehicles. Motorists on the road create a constant hazard for construction zone workers, but these workers are also at equal risk of being killed by construction vehicles. On average, each month, at least one road construction worker is killed by being backed over by a construction vehicle.

Between 1995 and 2002, 844 workers were killed while working at a road construction site. During this period, the most common type of incident involved a worker who was struck by a vehicle or mobile equipment (60% of fatal accidents). Other fatal events included collisions between vehicles or mobile equipment (10 %), being struck by an object (5%), and falls (5%). Eighty-two percent of workers killed in highway accidents worked in road and street construction.  

In Minnesota, several road construction workers have been killed in work zones. For example:

• In 1992, a highway paving crew member was killed after being run over by a rear end dump truck.
• In 1992, a highway construction flagman was killed after being stuck by a pickup truck.
• In 1994, a highway construction worker died after being struck by a vehicle while crossing a roadway.
• In 1995, a construction worker was killed after being run over by a 9-wheel pneumatic roller.
• In 1996, a conveyor operator died after being run over by a belly dump trailer.
• In 1997, a worker was killed after being run over by a Caterpillar.
• In 1998, a worker was killed after being run over by a front-end loader.
• In 1999, an electrician died after falling from a cherry picker basket.
• In 2000, a worker was killed after being crushed between a rock spreader and a pneumatic roller.

If you’ve suffered injuries as a result of a Minnesota work zone accident, you may be entitled to MN workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits and rehabilitation benefits. If your loved one was killed in a work zone accident in Minnesota, you and your family may be entitled to MN workers’ compensation death and dependency benefits.

For a free, no-obligation case review, call Meuser & Associates at 877-746-5680 or click here to send us an email to speak with one of our workers’ compensation lawyers. Visit us at MeuserLaw.com to learn more about Minnesota workers' compensation.

Forklift Accidents and MN Workers’ Comp.

Forklifts are extremely important and useful machines in a variety of industries, including manufacturing, warehousing, production, steelwork, construction, factories, and shipping industries. Unfortunately, forklift accidents are all too common, and often result in serious or catastrophic injuries to workers.

Each year, about 100 workers are killed in the United States, and an additional 20,000 are seriously injured in forklift accidents. Forklift accidents can be caused by:

• Tipping over. Carrying loads that are too heavy can cause a forklift to overturn. Forklift overturns are the most common cause of fatalities involving forklifts. Forklifts that tip over can crush nearby workers, or crush the worker operating the forklift.
• Falling objects. Forklift drivers can be seriously injured or killed by objects falling and hitting the driver while operating a forklift. If the forklift is operated in a confined area, the risk of hitting something with the forklift or with the load, which then falls onto the driver is magnified. Falling loads can also seriously injure or kill workers who are near the forklift. 
• Driver Ejection. Falling from a forklift is one of the most common causes of forklift fatalities for workers. 
• Being struck by a forklift. Another common cause of forklift-related deaths is when a nearby worker is struck by a forklift. This can happen when a worker fails to notice an oncoming forklift, or if the forklift does not have signal alarms. 
• Lifting workers. Forklifts are not designed to be used to elevate workers. Should the operator lose control, a worker elevated on a forklift can fall and be seriously injured or killed. 
• Poor Driving Conditions. Poor visibility, narrow pathways, obstructed intersections, obstacles, and unsafe floor or ground conditions can all cause forklift accidents. 

There are several things that employees can do to minimize the risk of forklift accidents:

1. No unauthorized operators. Forklift operators must have specific training for the type of forklift they are using, the type of materials they are handling, and the type of environment they are working in. Untrained operators are at much greater risk for causing injury to themselves or others when they operate forklifts. In addition, it is illegal for persons under the age of 18 to operate a forklift.
2. Careful load handling. Operators and workers should stack and secure the load so that it will not shift during transport. When the forklift is in motion, the load should be carried as low as possible. 
3. Keep clear of the load. A raised load on a forklift is a hazard to anyone close enough to it to be struck if it falls. Forklift operators and other workers need to make sure to stay out from directly under the load, as well as far enough from the sides and the front of the load if the load rolls or the force of trajectory of a moving load forces throws it forward.
4. Use the correct forklift. Depending on the conditions, i.e., indoor or outdoor; rough terrain or smooth concrete; the size of the load, the forklift must be the appropriate equipment for the situation.
5. Be aware of the terrain. The terrain affects the balance and handling of a forklift. Rough patches or potholes can cause tip-overs. Forklift operators need to know how to operate on inclines, around corners, and on the specific type of terrain. Workers operating forklift operators need to know how to operate the forklift in different types of weather conditions, such as rain, snow, or ice. 
6. Maintain visibility. Markings at the edges of loading docks and other areas where forklifts could roll off should be clearly marked and should include other precautions such as guardrails or chains. Forklift operators coming and going from outside to inside should be aware that the change in lighting from sunlight to indoor light can cause visibility difficulties when they first enter a building. Materials at corners should not be so high that a forklift operator’s visibility of the intersection is obstructed. Mirrors should be used to help operators and pedestrians see around corners.
7. Keep forklift areas separate from pedestrian areas. One of the most common types of forklift accident involves workers who are on foot who are hit by forklifts or falling loads. Where possible, forklifts should be operated in areas separate from workers who are on foot. 

If you’ve been involved in a forklift accident at work in Minnesota, you may be entitled to Minnesota workers’ compensation benefits, including medical expense benefits, wage loss benefits, rehabilitation benefits, and permanent partial disability benefits. If you are hurt at work, make sure you receive all the benefits you are entitled to. For a free, no-obligation consultation regarding your workers’ compensation case, contact Meuser & Associates at 877-746-5680 or click here to send us an email.

Minnesota Work Comp. and Auger Injuries

On July 21, 2010, a worker in Fort Myers, Florida, was tragically killed when he fell into an auger while working on a residential pool construction project.

Augers are used in the agricultural, landscaping, construction, and utility industries. They are commonly used to drill holes for pilings, utility poles, light poles and fence posts. The auger may be mounted on a variety of equipment or vehicles that may be ridden on or walked behind.

Augers present an extreme danger of entrapment or entanglement, as well as hazards that occur when an auger strikes materials beneath or above the surface. In addition to contact with hidden landscape fabric, contact with underground utility installations such as gas, fuel, or electric lines or overhead power lines such as electrical distribution and transmission lines also could result in a fatal accident. According to OSHA's Integrated Management Information System (IMIS), since 1987 at least thirteen fatalities have resulted from entanglement or crushing hazards involving augers. The IMIS data also indicate that a number of fatal accidents have occurred from contact with underground and overhead electrical equipment and utility lines.

OSHA recommends the following safety measures to avoid serious or catastrophic injuries involving augers:

• Follow the instructions in the manufacturer's operating and preventive maintenance manual.
• Conduct daily pre-task meetings to ensure that all employees are aware of the correct procedures to prevent an unwanted incident and any hazards associated with the job task.
• Look for obstacles that may need to be removed. Hand digging may verify the presence or absence of underground material, including utilities.
• Prior to drilling, cut a hole in the landscape fabric sufficiently larger than the diameter of the auger to prevent contact or entanglement with the fabric.
• Except for the operator, employees should not be near the auger when it is operating.
• Employees using hand tools should not move or remove spoil-pile while the auger is operating.
• The operator should sit or stand at the operator's station while operating the auger.
• Do not modify the operator's station or disable safety controls beyond manufacturer's recommendations (for example: hold-to-run or seat switch controls).
• Remain a safe distance (a minimum of 10 feet) from the auger when helping the operator.
  

If you sustained an injury on the job involving an auger, you may be entitled to Minnesota Workers’ Compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits, and rehabilitation benefits. If your loved one died as a result of a Minnesota auger accident, you may be entitled to death and dependency benefits. To ensure you receive all the benefits you are entitled to, contact a Minnesota workers’ compensation lawyer for a free, no-obligation consultation.

To schedule your free, no-obligation case consultation with one of our Minnesota work comp. attorneys, call Meuser & Associates at 877-746-5680 or click here to send us an email.

To learn more about Minnesota Workers' Compensation, visit us at MeuserLaw.com!

Are You Really an Independent Contractor? Construction Workers and Minnesota Workers’ Compensation

Effective January 1, 2009, the Minnesota legislature changed the law as it pertains to defining who is an “independent contractor” in the construction trades for purposes of workers’ compensation, unemployment, income tax, and other laws.

In order to be considered an “independent contractor” under the new statute, an individual construction worker must hold a valid Independent Contractor Exemption Certificate, and meet nine additional factors:

1. maintains a separate business with the individual's own office, equipment, materials, and other facilities;
2. holds or has applied for a federal employer identification number or has filed business or self employment income tax returns with the federal Internal Revenue Service if the person has performed services in the previous year for which the individual is seeking the independent contractor exemption certificate;
3. operates under contracts to perform specific services for specific amounts of money and under which the individual controls the means of performing the services;
4. incurs the main expenses related to the service that the individual performs under contract;
5. is responsible for the satisfactory completion of services that the individual contracts to perform and is liable for a failure to complete the service;
6. receives compensation for service performed under a contract on a commission or per-job or competitive bid basis and not on any other basis;
7. may realize a profit or suffer a loss under contracts to perform service;
8. has continuing or recurring business liabilities or obligations;
9. the success or failure of the individual's business depends on the relationship of business receipts to expenditures.

Most paid-per-hour construction laborers will not meet these factors.

Under Minnesota Workers’ compensation law, a construction worker who is an independent contractor who is hurt on the job is not eligible for workers’ compensation benefits, including medical benefits, wage loss benefits, permanency benefits, and rehabilitation/retraining benefits.
Unfortunately, due to the economic crash, particularly in the housing market, commercial and residential construction contractors are suffering financially. Some less scrupulous contractors, in an effort to cut cost corners, are hiring construction laborers, and calling them “independent contractors.” They do this so as to avoid paying for workers’ compensation insurance, income tax, unemployment tax, and complying with certain OSHA requirements. With so many construction workers out of work for the last couple years, more and more are forced to look to these less reputable contractors for employment.

I routinely see advertisements for construction workers wanted on Craigslist that require you to agree that you will be an “independent contractor,” although it is pretty clear that you’d actually be an employee under the law. Here’s a couple examples:

Concrete and repairs (SW Hennepin County)
Small concrete company looking for good people. Must show pride in workmanship and be dependable. Need to be independent contractor with EIN, but can help get you started. Must live close by. Flat work experience a plus, can train for ICFs and decorative. My interviews take a day or two of work; try it see if you like it and are a fit for our small crew. You will be paid cash for the day or two. If it works out compensation is flexible.

Painter (Entire metro)
Im looking for a painter for some part time possibly full time work. Need to have an LLC. Let me know what you have for experience, tools, vehicle, what part of town you live in and wage desired. Thanks.

Shingler or Clean up guy ASAP Join a Crew (Stillwater)
We are looking for an experienced shingler to join our crew or a guy for tear off and clean up. Unexperienced will get $15.00/hr. and experienced roofer with get $20.00/hr. Must have valid drivers lic. with own transportation. Must have General Liability insurance must be LLC, Inc, or have your independent contractor exemption certificate. Please email or call 651-***-****.

Independent framers needed (Edina/Chaska)
I still have a need for more framing carpenters, must have your own insurance, the only tools you need is your tool belt. You can start tomorrow. Please send your company info and compensation requirements.

PROCEED WITH CAUTION. I have personally seen several construction contractors in the Twin Cities Metro area trying to get new hires to sign paperwork stating that they are independent contractors, and that they are either a LLC (Limited Liability Corporation), or that they have an Independent Contractors Exemption Certificate from the Minnesota Department of Labor and Industry. In order to be considered an independent contractor for purposes of workers’ compensation, and other laws, a construction worker MUST have an Independent Contractors Exemption Certificate. In fact, state law prohibits working as an independent contractor unless you have first obtained the Exemption Certificate. The law also prohibits a person from hiring a someone as an “independent contractor” unless they have the Independent Contractors Exemption Certificate.

Now, let’s say you suffer an injury working for one of these unscrupulous contractors. You don’t have an Independent Contractors Exemption Certificate because you won’t qualify for one, but your employer makes you sign something stating that you are an independent contractor. Are you out of luck? No, I don’t think so.

Several of the forms I’ve seen contractors using to try to get around this law require the applicant to affirm that he or she does have an Independent Contractors Exemption Certificate. The law, however, requires the person hiring the “independent contractor” to retain a copy of the person’s Exemption Certificate for five years. So, if the hiring contractor never asks to actually see a copy of your Exemption Certificate, or checks the Department of Labor and Industry website to see if you are listed as a valid Exemption Certificate holder, it’s pretty hard for them to claim after the fact that they thought you really did have an Exemption Certificate when you did not.

Since this law is relatively new, there’s little case law guidance to tell us workers’ compensation lawyers how a workers’ compensation judge would decide such a case. I’m inclined to think that most construction workers in this situation would be considered employees for purposes of Minnesota workers’ compensation law, which means you would be entitled to benefits if you sustain an on-the-job injury.

To read more about the requirements for the Independent Contractor Exemption Certificate, check out the following:

1. Minnesota Statute §181.723
2. Fact Sheet from the MN Department of Labor & Industry
3. My previous post on this topic
4. The Independent Contractor Exemption Certificate application form
5. Brochure from the MN Department of Labor & Industry
6. FAQ from the Department of Labor & Industry
7. Factsheet from the Dept. of Labor & Industry

These bad economic times have hit the construction industry particularly hard. Hundreds and hundreds of skilled Minnesota construction workers have been out of work for a long time. As tempting as it is to take a job through one of these companies that try to get around the new Independent Contractor rules, keep in mind that it is against the law. Moreover, $10.00 cash per hour is probably not worth it, if you are actually complying with the law, i.e., reporting your earnings and paying the full state and federal tax on your earnings, paying unemployment compensation, paying social security, paying for workers’ compensation insurance, and paying for liability insurance. Moreover, it’s probably not worth risking the fines you may be subjecting yourself to if you get caught working as an independent contractor without a valid certificate, risking a serious on-the-job injury with questionable workers’ compensation coverage, risking tax penalties, or risking a lawsuit with no insurance when the contractor gets sued for something.

That being said, if you were hurt doing residential or commercial construction work after January 1, 2009, and you were told by your employer that you were an “independent contractor,” so you couldn’t make a claim for workers’ compensation benefits, you should definitely contact a Minnesota workers’ compensation lawyer.

For a free, confidential, no-obligation, consultation with one of our lawyers to see if you have a workers’ compensation claim for on-the-job injuries you sustained doing residential or commercial construction as an “independent contractor,” call Meuser & Associates at 877-746-5680 or click here to send us an email.

Visit us at MeuserLaw.com to learn more about Minnesota Workers' Compensation.

As Temperatures Rise, Watch Out for Heat Exhaustion and Heat Stroke

While we’ve had a relatively cool summer this year, the forecast suggests that temperatures are going to be hotter in August.

People who work outdoors like construction workers, builders, road workers, utility workers, police officers, maintenance workers, landscapers, city workers, and heavy equipment operators need to be especially wary of heat-related work injuries.

Symptoms of heat exhaustion include a fever of 104 degrees or less, thirst, fainting, cool and clammy skin, weakness, aching muscles, sweating, slow heartbeat and dizziness. If you are experiencing these symptoms it is important to rest, get out of the sun, cool off, and re-hydrate.

Heat stroke is a life threatening condition when heat exhaustion goes untreated or unrelieved. Heat stroke takes place when the body temperature rises and the cooling system of the body stops working. Symptoms of heat stroke involve shortness of breath, nausea, vomiting, fatigue, and rapid heart beat.

If you require medical attention after suffering heat exhaustion or heat stroke on the job, your medical expenses are most likely covered by workers’ compensation. If you miss work due to a heat injury, you may also be entitled to wage loss benefits.

Prevention is the best cure when it comes to heat exhaustion and heat stoke during these hot summer months. Avoid excessively strenuously activity when temperatures go up, take frequent rest breaks, and keep hydrated.

If you’ve suffered a heat-related work injury and have questions about your workers’ compensation rights, contact Meuser & Associates at 877-746-5680 or click here to send us an email to schedule a free consultation.

Visit Minnesota Workers' Compensation and Personal Injury Law Firm, Meuser & Associates, P.A., at MeuserLaw.com

Construction Worker Injuries and Minnesota Injury Law

As the weather grows warmer here in Minnesota, demand for construction workers will increase. Unfortunately, as construction increases during the Spring and Summer months, so do construction injuries. Construction workers, including framers, siders, roofers, painters, electricians, plumbers, welders, installers, concrete workers, and steel workers are all at high risk for work-related injuries. Construction workers and skilled laborers and tradesman should be aware of their rights if they are injured while working on a construction job.

On any given day, nearly 6.5 million people work at approximately 252,000 construction sites. Unfortunately, the fatal injury rate in the construction industry is much higher than the national average for all other industries. In 2007, there were 441 work-related construction worker deaths, and there were 39 construction worker fatalities in Minnesota. Construction has about 8% of U.S. workers, but 22% of the fatalities - the largest number of fatalities reported for any of the industry sectors.

Common Hazards for Construction Workers

Some common potential hazards for workers in the construction industry include:

• Falls from ladders
• Falls from roofs
• Falls from scaffolding
• Scaffolding collapses
• Trench collapses
• Electric shocks
• Arc flashes/arc blasts
• Repetitive motion injuries
• Foreign objects in eyes
• Chemical exposure to the eyes or skin
• Injuries from falling objects
• Puncture wounds
• Hand and foot crush injuries
• Respiratory exposure to toxic fumes or chemicals
• Burns
• Lifting injuries
• Structural collapses
• Crane accidents
• Forklift accidents
• Backhoe accidents
• Frontloader accidents
• Elevator shaft falls
• Occupational hearing loss
• Heavy equipment accidents
• Motor vehicle accidents
• Power line accidents
• Compressed gas explosions
• Power tool accidents
• Lead poisoning
• Derrick accidents
• Falls through skylights and floor openings
• Boom collapses
• Hoist accidents
• Conveyor accidents
• Crane tip-overs
• Saw accidents
• Sander accidents
• Over-exertion injuries
• Polisher accidents
• Exposure to asphalt fumes
• Skid steer loader accidents
• Hoist accidents
• Falls from telecommunication towers
• Winch accidents
• Excavation cave-ins
• Grater accidents
• Carbon monoxide poisoning
• Scraper accidents
• Tractor accidents
• Silica dust exposure
• Bobcat accidents
• Bulldozer accidents
• Boiler accidents and explosions
• Gas explosions
• Foundation collapses
• Nail gun accidents
• Air compression accidents
  

Minnesota construction workers who are injured on the job are often entitled to workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanency benefits, and rehabilitation or retraining benefits. If a construction worker is killed as the result of his or her construction work activities, his or her survivors may be entitled to death and dependency workers’ compensation benefits.

“Independent Contractors” or Employees?

Unfortunately, many construction workers incorrectly believe that they are “independent contractors” who are generally not entitled to Minnesota workers’ compensation benefits. In many, many cases, a construction worker who has been labeled as an “independent contractor” by his or her employer is actually an employee under Minnesota law. That means they are entitled to workers’ compensation benefits.

Effective January 2009, the Minnesota legislature passed a law requiring “independent contractors” to obtain an Independent Contractor Exemption Certificate, among other things. If a so-called “independent contractor” is injured on a construction job in Minnesota after January 2009, and does not have an Exemption Certificate, he or she is considered an employee for purposes of workers’ compensation. Even if a construction worker has obtained an Exemption Certificate, there are several other factors that must also be met in order for an employee to be considered an “independent contractor” for purposes of Minnesota workers’ compensation.
Even prior to 2009, for a construction worker to be considered an “independent contractor,” a series of several factors had to be satisfied. Otherwise, the injured worker was considered an employee for purposes of Minnesota workers’ compensation.

If you are a construction worker who was hurt on the job, and you’re unsure whether or not you’re an “independent contractor,” we are happy to provide a free, no-obligation consultation. Call Meuser & Associates at 877-746-5680 or click here to send us an email. Unfortunately, if there is any question as to whether you are an employee or an independent contractor, it is almost guaranteed that the workers’ compensation insurance company will deny your claim.

Uninsured Subcontractors

Generally, an employer is liable only for workers’ compensation benefits to its own employees. However, there is one major exception to this rule which is unique to the construction industry. Where a subcontractor fails to obtain workers’ compensation coverage, the general or intermediate contractor is liable for workers’ compensation benefits to an injured employee, if the subcontractor is working on the subject matter of the subcontract. What this means is that if you are an employee of a subcontractor, and your employer failed to carry workers’ compensation, the general contractor on the job may be responsible for workers’ compensation benefits if you are hurt on the job.

If you are hurt on the job, and your employer is a subcontractor that has no workers’ compensation insurance coverage, you may be covered by the general contractor’s workers’ comp. insurance. Unfortunately, it is almost guaranteed that the general contractor’s insurance company is not going to want to pay your claim. You will probably be in for a fight to get the workers’ compensation benefits you are entitled to. We’ve successfully represented many construction workers in situations like this. Call Meuser & Associates at 877-746-5680 or click here to send us an email to schedule a free, no-obligation consultation with one of our workers' compensation lawyers.

Uninsured Employers and Workers’ Compensation Benefits

Unfortunately, especially in this horrible economic climate, many small construction companies don’t carry workers’ compensation insurance, in an effort to cut costs. If you are a construction worker injured on the job and your employer has no insurance, you may still be entitled to workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanency benefits, and rehabilitation and/or retraining benefits. The Minnesota Special Compensation Fund pays workers’ compensation benefits when an employee is injured on the job, but the employer has no workers’ compensation insurance. The uninsured employer does not get by for free in this situation, however. Employers are required by law to carry workers’ compensation insurance to cover their employees. If an employee is injured and the Special Compensation Fund has to pay for that employee’s benefits, the uninsured employer has to reimburse the Special Compensation Fund, and it may also be liable for fines and penalties.

Securing workers’ compensation benefits from the Minnesota Special Compensation Fund when the employer had no insurance is a relatively complex process. The Special Comp Fund treats claims just like a insurance company does, which means they may deny your claim just like a regular insurance company. If your employer had no insurance, you are well advised to contact an experienced workers’ compensation lawyer to help you secure work comp. benefits. Call Meuser & Associates at 877-746-5680 or click here to send us an email to schedule a free, no-obligation consultation with a workers' comp. lawyer.

Third-Party Liability Claims

In addition to workers’ compensation benefits, injured construction workers frequently have third-party liability claims against third parties. Often, injuries to construction workers and job site accidents are caused by the negligence or carelessness of third parties. In any case where a construction worker’s injuries are caused by a third party, other than the employer or a co-worker, there may be a civil case against the third party. Common examples include motor vehicle accidents, accidents caused by other subcontractors, and accidents caused by the negligence of a property manager or owner. While Minnesota workers’ compensation provides some wage loss benefits, some permanency benefits, and some other monetary benefits, generally, civil claims allow an injured person to claim much greater damages, such as greater wage loss, future medical expenses, pain and suffering, and loss of enjoyment of life.

A lawyer representing a construction worker injured on a construction site should always investigate the facts of a case to determine whether there is a potential civil claim against a third party. Unfortunately, some lawyers practice only workers’ compensation law, or only personal injury law. Lawyers who practice only personal injury law may not be able to effectively handle your workers’ compensation case. Conversely, lawyers who practice only workers’ compensation law may not recognize your civil case, and may not be able to effectively handle it. In that case, you might need two lawyers to deal with your one accident. The lawyers at Meuser & Associates practice both workers’ compensation and personal injury law, so we know how to do both, and we can handle both aspects of your case, eliminating the need to hire two different lawyers. Call us today at 877-746-5680 or click here to send us an email to schedule a free, no-obligation consultation.

Visit Minnesota Workers' Compensation and Personal Injury Law Firm, Meuser & Associates, P.A., at MeuserLaw.com