Construction sites are inherently dangerous environments. Accidents are a constant concern, with large machinery, heavy materials, and various tasks being performed simultaneously.
Even with strict safety regulations in place, construction workers are still at high risk for injury and death. If you suffered an injury on a construction site, do not wait to consult a San Antonio construction accident attorney who can determine the cause of the accident, who was at fault and the best way to pursue favorable compensation.
The Most Common Causes of Accidents on Construction Sites
Construction sites are complex environments where multiple tasks are happening at once. These factors contribute to a high frequency of accidents. Some of the most common causes of accidents on construction sites include:
Falls from Heights
Falls are the leading cause of fatalities in construction. Workers often need to work at heights, whether it’s on scaffolding, roofs, ladders, or elevated platforms. Even minor lapses in safety practices can result in deadly accidents.
The top causes of falls include:
- Unstable scaffolding
- Lack of fall protection equipment
- Poorly maintained ladders
- Failure to follow safety protocol
A fall, especially falls from heights, can result in serious, life-altering injuries and, many times, even death.
Slips and Trips
Even if a worker isn’t working from a height, slipping, tripping, or falling can result in substantial injuries. Uneven surfaces, wet or slippery conditions, debris, and poorly maintained walkways contribute to these accidents.
Being Struck by Objects
Construction sites are filled with large and heavy objects, such as tools, equipment, and materials. These can fall or be improperly secured, striking workers below.
When a worker is struck by an object, it is often due to tools or equipment falling from heights, materials improperly stacked or stored, or machinery accidents.
Electrical Accidents
Construction workers are often at risk of coming into contact with live electrical wires or equipment, which can result in severe electrical burns, shocks, or even electrocution. Electrical accidents are commonly the result of downed power lines, lack of proper grounding, improperly maintained electrical systems, and failure to follow electrical safety protocols.
Cave-ins and Trenching Accidents
Trenching and excavation work are high-risk areas. Cave-ins or trench collapses can trap workers and cause serious injuries or fatalities. These accidents are often caused by unstable soil, lack of trench supports or shoring, and poor excavation training and practices.
Machinery Accidents
Heavy machinery is essential for construction work, but it can also be a source of serious accidents. Whether it’s a crane, bulldozer, or forklift, construction machinery accidents often result in significant injuries or fatalities.
Accidents involving machinery can be caused by:
- Operator error
- Mechanical failure
- Poor maintenance and repairs
- Workers being in the blind spot of machinery operators
Depending on the type of machinery, victims are at high risk of suffering catastrophic injuries, from lacerations to amputations.
Construction Vehicle Accidents
Construction vehicles, such as dump trucks, cement mixers, and delivery vehicles, frequently move around construction sites, often in busy areas with heavy foot traffic.
Vehicular accidents on construction sites result from poor visibility, driver inattention, lack of communication between workers and drivers, or failure to follow traffic safety procedures.
Construction Accident Injuries and Long-Term Complications
The nature of construction work often leads to severe harm and fatalities. Construction has had the most fatalities among all other industries in recent years, as has been consistent with other years.
For workers that suffer survivable injuries, they are often left with long-term consequences. Common injuries on construction sites include, but are not limited to:
Head and Brain Injuries
Head injuries are a major concern, especially from falling objects, slips, or falls from heights. These can range from concussions to traumatic brain injuries (TBI). Long-term impacts of head and brain injuries include memory loss, cognitive impairments, chronic headaches, and permanent disability.
Spinal Cord Injuries
Accidents like falls or being struck by heavy objects can lead to spinal cord injuries, which can have serious consequences, including partial or full paralysis, loss of mobility, and the need for lifelong medical care and assistive devices.
Broken Bones
Workers often experience broken bones from being struck by heavy objects or falls, including fractures to the arms, legs, ribs, and pelvis. Broken bones may heal completely but can also result in chronic pain, disability, and limitations on mobility, depending on the severity and location.
Lacerations and Amputations
Accidents involving machinery or falling debris can result in deep cuts or amputation. These injuries can cause permanent disfigurement, loss of function, and even psychological effects from the trauma.
Burns and Electrical Injuries
Electrocution from exposed wires or electrical accidents can cause burns, nerve damage, and organ failure. It can lead to permanent scarring, nerve damage, and long-term pain or disability.
Who Can Be Liable for Construction Accidents?
When a construction accident occurs, liability may fall on one or more parties. When looking to pursue compensation, it is essential to determine what caused your accident and who can be held responsible.
Depending on the circumstances of the accident, liability can be attributed to:
Employers
Generally, it is difficult to hold employers liable because of workers’ compensation. However, in some cases, employers may face liability if an employee experiences an accident and suffers harm.
Employers are generally responsible for ensuring a safe work environment for their employees. They may be held liable if the employer fails to provide the necessary safety equipment, training, or maintenance.
Construction Site Owners
If the construction site owner fails to ensure safety measures or maintain equipment, they can be held liable for injuries that occur on the site.
Contractors and Subcontractors
Contractors and subcontractors often play significant roles on construction sites, and depending on the situation, they can be open to liability when an accident occurs. These parties may be liable if they fail to comply with safety standards or if their negligence directly causes an accident.
Other Third Parties
In some cases, other parties, such as suppliers or other contractors working on the site, may bear responsibility for accidents caused by their negligence. It is essential to thoroughly review the details of the accident to ensure you hold all liable parties accountable for their wrongdoing.
Pursuing Compensation for a Construction Site Accident
When you suffer an injury on a construction site, you may have options to seek financial recovery based on the circumstances. To ensure your case is handled properly and you secure just compensation, it is best to put your case in the hands of a personal injury attorney who is experienced with construction accidents.
Generally, workers’ compensation and a third-party lawsuit are the two main avenues to seek compensation after a construction accident.
Workers’ Compensation
Workers’ compensation is the primary source of needed compensation in most construction accident cases. Workers’ compensation is a no-fault insurance system that provides benefits to workers injured on the job, regardless of who was responsible for the accident.
Workers’ compensation offers injured workers many benefits, including coverage for medical expenses, lost earnings, and disability benefits. Workers’ compensation can also offer death benefits to the employee’s family in case of death. The exact type of benefits you’d be entitled to receive depends on your situation and state law, as each state runs workers’ comp.
Although workers’ comp offers a great way to pursue compensation, it also has limitations. Workers’ compensation does not usually cover non-economic losses, like pain and suffering or emotional distress. Additionally, this system often prevents workers from suing their employer for injuries.
Third-Party Claims
In some cases, a victim may pursue a third-party lawsuit if another party (other than the employer) was responsible for the accident — such as a subcontractor or site owner.
Lawsuits vary greatly from workers’ compensation claims. You do not need to prove liability in a workers’ comp claim, as it is a no-fault system. In a lawsuit, you’ll need to prove how your accident happened and create the connection between the at-fault party’s wrongdoing and your accident to show liability.
In addition to medical expenses and lost earnings, a third-party claim also aims to provide non-financial compensation, like that for pain and suffering and loss of consortium.
When you suffered an injury on a construction site, discussing your case with an experienced personal injury lawyer is well worth discussing. You may not even realize you have a valid third-party claim, but a personal injury lawyer can evaluate your situation and provide all viable options to seek full and fair compensation from every responsible party.
Damages Injured Victims Can Seek After a Construction Accident
Damages refer to the compensation that you can receive for injuries or losses suffered as a result of the accident. These damages are intended to cover various aspects of the harm done, and the specific types of damages available may depend on the circumstances of the accident, the nature of the injury, and the applicable laws in the jurisdiction where the accident occurred.
The primary categories of damages available for construction site accidents include compensatory damages, which cover actual losses, and punitive damages for egregious conduct in some special cases.
Economic Damages
Economic damages are intended to compensate for the financial losses caused by the injury. These damages often include:
- Medical expenses: This covers past, present, and future medical bills related to the injury, which can include emergency room visits, hospitalization, surgeries, prescription medications, and physical therapy.
- Lost earnings: Compensation for the income lost due to the injury, such as time off from work immediately after the injury, future lost earnings and diminished earning capacity.
- Home modification: If you become disabled and need modifications to your home, these costs can be covered.
- Property damage: If personal property was damaged or destroyed, compensation may be available for replacements and repairs.
Because economic damages represent your tangible losses, they are typically calculable and based on actual expenses.
Non-Economic Damages
Non-economic damages are more subjective and can vary greatly depending on the severity of the injury and its impact on your life. They can include:
- Pain and suffering: Compensation for the physical pain and emotional trauma caused by the injury. It can include chronic pain, discomfort, or loss of mobility.
- Emotional distress: Compensates for the psychological toll of the incident and injury, such as anxiety and post-traumatic stress disorder (PTSD).
- Loss of consortium: If the injury significantly affects a person’s relationship with their spouse or children (e.g., loss of companionship and affection), they may be entitled to damages for loss of consortium.
- Scarring and disfigurement: If the accident results in permanent disfigurement or scarring, you may be compensated for the impact on your appearance and the resulting emotional or psychological consequences.
Because these intangible losses are more challenging to quantify, they often require extensive evidence and documentation to prove. Certain calculations can be used to determine how much your non-economic damages are worth.
Punitive Damages
Punitive damages are not intended to compensate the injured party but to punish the defendant for reckless, malicious, or egregious conduct. These are awarded in cases where the defendant’s behavior was grossly negligent, willfully reckless, or intentional. Examples might include:
- A contractor failing to follow safety regulations despite multiple warnings
- A deliberate disregard for safety protocols that leads to a serious injury
- An employer knowingly allowing dangerous working conditions without making efforts to address them
Punitive damages are relatively rare, but your construction accident attorney can pursue these damages if the situation calls for these types of damages.
If You’re Injured in a Construction Accident, Seek Legal Representation to Secure Fair Compensation
Construction accidents can lead to devastating injuries, both physically and financially. Depending on the situation, victims have the right to pursue compensation through multiple avenues. By hiring a lawyer, you are taking an important step towards securing a better future for yourself physically and financially.
A personal injury lawyer in San Antonio can be instrumental in securing the compensation needed to cover your present and future needs, from medical costs to pain and suffering. If you’ve suffered an injury on a construction site, you should seek legal advice as soon as possible to protect your rights and ensure you receive the justice and financial recovery you deserve.
