When you work in construction, you know how dangerous the job can be. Most construction sites are busy and fast-paced, leaving room for errors and accidents.
If you’re hurt at work, you may need some time to recover, but in the meantime, you can be out of a job. Suffering an injury at work isn’t only difficult physically but also financially.
As an injured construction worker, you may have options to pursue fair compensation. Discuss your situation with a qualified construction accident attorney right away.
Construction Site Accidents – An Overview
While employees can suffer injuries in almost any workplace or occupation, construction workers often see the most risk. Construction site accidents often cause serious injuries, leaving workers unable to work for some time. In some cases, injuries are severe enough that workers can never return to work in any capacity.
Top Causes of Construction Accidents
Construction accidents happen for a wide variety of reasons.
Some of the most common causes for these incidents include:
- Inattention
- Lack of education and training
- Insufficient safety gear
- Defective or malfunctioning equipment and machinery
Additionally, Occupational Safety and Hazard Administration (OSHA) violations significantly contribute to accidents.
In a recent year, the most frequently violated standards included those concerning:
- Hazard communication
- Scaffolding
- Fall protection training
- Eye and face protection
- Machine guarding
The cause of your construction site accident will play a role in a future compensation claim. Your construction accident attorney can investigate to get answers and determine the types of claims you are eligible to pursue.
Types of Construction Accidents
According to OSHA, the four most common types of construction site accidents include:
- Falls: Construction workers often fall while on the job, either by slipping, tripping, or falling from heights.
- Struck-by accidents: Workers are frequently at risk of getting struck by heavy machinery, falling objects, or vehicles.
- Caught in/between accidents: These accidents regularly involve getting caught in between objects or machinery and getting stuck in small spaces.
- Electrocution: Electrocution is common due to heavy electrical work on most construction sites and power tool malfunctions.
The cause of the construction accident usually determines the type of incident that results. For example, failure to provide workers with proper scaffolding can result in a serious fall.
Injuries Often Resulting from Accidents on Construction Sites
Construction site injuries can range in severity, depending on the accident that caused them.
Some of the injuries construction workers may suffer in an accident include:
- Head and brain injuries: Construction workers can suffer head and brain injuries, such as skull fractures, concussions, and hemorrhages, after getting struck by an object or falling.
- Broken bones: Fractures are common in many kinds of accidents, with workers often experiencing broken bones in the arms, legs, and ribs.
- Spinal cord injuries: These injuries affect any part of the spinal cord and, depending on the area of the injury, can affect workers in the long term.
- Crush injuries: A crush injury occurs when excessive pressure is applied to an area of the body, damaging tissue, muscles, and nerves.
- Internal injuries: Construction workers who suffer trauma may experience internal bleeding or damage to various organs.
- Lacerations: Lacerations are deep cuts often caused by blunt force trauma, and depending on the area of the laceration, you may need extensive medical treatments.
- Facial injuries: Injuries to the face, like eye injuries and broken facial bones, happen frequently on construction sites, especially when workers do not have proper protective gear.
Not only do construction workers have to worry about their short-term recovery, but also the lasting consequences of their injuries. Based on the severity of a construction injury, workers may also face amputations, nerve damage, and paralysis, among many other issues.
The more serious your injuries, the more medical treatment you need, and the more costly it can become. This is one of the reasons why seeking proper compensation is so critical for construction workers.
Workers' Compensation Benefits Do Not Cover All Your Injury-Related Losses
After a construction accident, you may assume that workers' compensation benefits will cover all your injury-related losses. However, it's important to understand that these benefits only cover partial income and do not compensate for non-economic losses like pain and suffering.
When you suffer an injury on the job, workers' compensation benefits are designed to provide financial support for your medical expenses and only a portion of your lost income while you cannot work.
While this can be helpful in the immediate aftermath of the accident, these benefits may not fully address the long-term effects of your injuries.
Construction accidents often result in severe injuries that can have lasting consequences on your physical and emotional well-being. From chronic pain and disability to the loss of enjoyment of life, these non-economic losses can significantly impact your quality of life.
Unfortunately, workers' compensation benefits do not account for these intangible losses.
It is necessary to explore all legal avenues for relief and compensation following a construction accident and serious injuries. That's where having an experienced attorney by your side can make a difference.
A skilled lawyer will advocate for your rights and explore additional sources of compensation beyond workers' compensation.
Don't settle for less than you are entitled to; consult with an attorney who will fight for your best interests.
Filing Third-Party Negligence Claims for Construction Accidents
In addition to filing a workers' compensation claim, you may also have grounds for filing a third-party negligence claim against other parties involved in the accident.
While workers’ comp laws generally prohibit you from suing your employer for negligence, the law does not prevent you from suing third parties who caused or contributed to your accident and injuries.
Your construction accident lawyer can investigate the cause of your injuries and determine whether you have a valid negligence claim against any third parties.
Vehicle Accidents
One common scenario where third-party negligence claims arise is when the accident is due to a driver's negligence. For example, if a driver passing through a road work zone crashes into you, causing a serious spinal injury, their insurance company should be liable for all your losses.
Similarly, if another driver hits you while you are driving a work truck, they should also be liable.
Negligent Contractors
Contractors play a crucial role in construction projects, and their negligence can lead to serious accidents. If a contractor fails to adhere to safety regulations or provides inadequate training and supervision, they may be liable for any resulting injuries.
Examples of negligent contractor behavior include using faulty equipment, failing to inspect and maintain work areas, or disregarding safety protocols. In such cases, you may pursue a third-party negligence claim against the contractor to seek compensation for your damages.
Defective Equipment Manufacturers
Construction equipment manufacturers have a duty to ensure the safety of their products. If you suffered injuries due to a defect in a piece of machinery or equipment, you may have grounds for a third-party negligence claim against the manufacturer.
Defective equipment can include faulty brakes on a forklift, malfunctioning cranes, or defective safety harnesses. By pursuing a claim against the manufacturer, you can hold them accountable for their negligence and seek compensation for your injuries.
Negligent Property Owners
Property owners also have a responsibility to maintain safe conditions on their premises.
If a construction accident occurs due to a property owner's failure to address hazardous conditions or warn workers of potential dangers, you may file a third-party negligence claim against the owner. These claims can hold negligent property owners accountable for their actions and help you recover damages for your injuries.
Third-party negligence claims require a thorough investigation of the accident and gathering evidence. You need an experienced attorney to handle the legal process on your behalf.
An attorney can build a strong case, negotiate with insurance companies, and advocate for your rights. By retaining an attorney, you can focus on your recovery while knowing someone is protecting your legal interests.
Damages in Third-Party Negligence Claims for Construction Accidents
Different types of damages are available in these cases than in workers’ compensation claims. You can seek damages for your economic and non-economic losses in a third-party negligence claim, and your construction accident lawyer will accurately calculate how much compensation you deserve.
Medical Expenses
Both workers’ comp benefits and third-party claims should cover your medical expenses. These expenses can include the cost of emergency medical care, hospital stays, surgeries, medication, rehabilitation, and ongoing medical treatments.
Document all medical expenses related to your construction accident injuries to ensure that you receive proper compensation for these costs.
Lost Income
Lost income includes all the wages, salary, bonuses, and benefits you have lost or will lose due to your construction accident injuries.
If your injuries prevent you from returning to work or affect your earning capacity, you may be entitled to recover these future lost earnings. Your lawyer can work with experts to estimate future lost income when necessary.
Pain and Suffering
Pain and suffering damages compensate you for your construction accident injuries' physical and emotional pain. Construction accidents can cause significant physical pain, emotional distress, and mental anguish. Compensation for pain and suffering aims to provide some measure of relief and justice for the intangible harm you experienced.
What to Do Following a Construction Accident
It’s essential to understand that what you do after a workplace accident impacts your claim and ability to recover benefits and compensation. If you get hurt at work, the following steps can help you get closer to obtaining a favorable monetary recovery.
Seek Medical Care
First and foremost, if you’ve suffered serious injuries, don’t delay in getting medical attention. Failing to get medical care right away can cause your injuries to worsen and complications to develop.
Even if you don’t believe your injuries are serious or require urgent care, you should still visit an emergency room or schedule an appointment with a physician.
A full physical exam can help you understand the severity of your injuries and allow you to begin treatment immediately. Your physical health and well-being should always be number one.
You will also use your medical records from your initial diagnosis to prove your injuries in your claim. Your construction accident attorney will use these records to demonstrate your injuries, treatment, and losses to insurance companies and liable parties. A prompt diagnosis and starting treatment immediately helps your health and legal case immensely.
Report the Accident
Report your accident and injuries to your employer as quickly as possible. Even if you cannot do it immediately after the incident, don’t wait too long, as this can affect your case.
You must notify your employer to qualify for workers’ compensation benefits. Still, it also creates a record of what happened for the purposes of a third-party claim, as well.
Your employer might begin an investigation into what happened and what caused the accident, which might uncover the negligence of another party. The more evidence you have of the cause of your injuries, the better.
Consult a Construction Accident Attorney
After getting hurt at work, meet with a local construction lawyer as soon as you can. An attorney can identify your rights and options and give you a better idea of what you should expect.
If You’re an Injured Construction Worker, You Have Options
When you file a workers’ compensation claim, a lawsuit, or both, you have options as a construction worker injured on the job. Work with a local construction accident attorney to give yourself the best chance of acquiring the full compensation you deserve.
Time is limited to take action after suffering serious injuries at work on a construction site. Do not wait to consult a trusted personal injury lawyer in your area. Case evaluations are free, so call a law firm near you today to learn about your options.
Robert Bohn, Jr.
Attorney
For more than 40 years, the lawyers at Robert Bohn, Jr. has dedicated their practices to personal injury law, representing people who have been injured or damaged due to the negligence or carelessness of others. For most people, handling a personal injury claim can be complicated and stressful.
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