Wisconsin Construction Accidents

Posted by rozeklawoffice on February 9, 2010 under Construction Site Accidents | Be the First to Comment

Construction work is the most dangerous of all trades. The Occupational Safety and Health Administration (OSHA) estimates that there are over 1000 construction site deaths each year in the United States. Most of the construction related injuries are caused because contractors fail to ensure the safety of the construction workers on the site. Often times, it takes a thorough investigation to determine who is at fault, the general contractor, the sub-contractor, the equipment manufacturer, etc. Workers Compensation often will cover injuries resulting from on-site work. However, workers compensation does not always cover the entire amount of medical bills, lost wages, and future suffering.

Also, workers compensation does not necessarily cover accidents that occur in your own vehicle when traveling to or from work. A recent case, “McRae v. Porta Painting” involves about a construction worker who was in an accident on his way  from his home in Twin Lakes, Wisconsin to the job site in Waukesha, Wisconsin. McRae, the construction worker, was employed by Porta Painting. He normally drove from his personal residence to a particular job location that he was assigned. Some days, he would stop in the Waukesha headquarters to get supplies.

On a winter Wisconsin morning, McRae was driving his personal vehicle from his home to a job site when he was involved in an accident with another vehicle. He sustained serious injuries including broken bones and a permanent head injury. McRae brought a claim for worker’s compensation benefits stating that he was performing services incidental to his employment.

The circuit and appellate court both rules that McRae was not preforming service incidental to his employment. Rather, his injuries occurred in the course of his normal commute to work and thus were not covered by workers compensation. They also noted that the typical employee going to and from work is not covered until he or she reaches the employer’s premises. Exceptions to this “coming and going” rule include circumstances where the employer provides the transportation as part of the employment or pays for the expenses related to the employee’s travel and that travel constitutes a substantial part of the employment.

If you have been injured on the construction job-site or when traveling for work purposes, you should contact an experienced Wisconsin Construction Site Accident Lawyer to help determine who is at fault and identify the best method for receiving compensation.