While employees can suffer injuries in almost any workplace or occupation, construction is one of the most dangerous industries in the United States. Construction sites feature innumerable hazards for both workers and casual passersby. From fires and explosions to falling debris and hazardous machinery, construction workers are exposed to risks on the job that can cause serious and even life-threatening injuries. According to the Occupational Safety and Health Administration (OSHA), approximately 15 construction workers die each day due to job-related accidents across the country. Safety should be the top priority in high-risk industries, yet countless workers are still exposed to unsafe working conditions and suffering preventable harm. So, what happens if a construction worker gets hurt on the job? If you work in the industry and suffer an injury in an on-site accident, you should first seek medical attention immediately. When a serious injury leaves you incapacitated, this treatment often begins with an ambulance ride. Next, inform your supervisor or employer about the accident and ensure all necessary documentation is completed and submitted.
Work-related injuries are not only difficult to recover from physically but can also create significant financial hardships. You may be eligible to pursue a workers’ compensation claim as an injured construction worker. However, if your workplace accident resulted from a third party’s negligence or your employer is a “non-subscriber,” you may seek compensation through a personal injury lawsuit.
No matter your situation, an experienced construction accident lawyer can evaluate the circumstances of your accident, determine your options, and maximize the damages you ultimately recover.
Most Common Causes of Construction Accidents
Despite being labeled as accidents, most on-the-job injuries on construction sites result from the negligence of an employer, another employee, or an equipment manufacturer. Whether your accident was minor or severe, a personal injury attorney can review the details of your case and help determine the types of claims you are eligible to pursue.
According to OSHA, the “Fatal Four” causes of construction accidents are falling from heights, being struck by objects, electrocutions, and being caught in/between accidents. However, many other things can go wrong on a construction site, even with strict safety rules and equipment.
Some of the top causes of construction accidents include:
- Fires and explosions
- Lack of safety training or inadequate supervision
- Falls from ladders, roofs, or into holes
- Defective equipment or machinery
- Heat exhaustion and heat stroke
- Collapsing materials or structures
- Dangerous or unguarded equipment
- Trip and falls in cluttered environments
- Failure to follow appropriate lockout/tagout procedures
- Dropped objects from scaffolding or other heights
- Inhalation of smoke, vapor, or toxic fumes
- Using dangerous power tools or unguarded equipment
- Violations of safety procedures, policies, or protocols
- Exposure to harmful substances, such as environmental toxins
Construction workers should expect their employers and all parties working on the site to take all necessary precautions to maintain a workplace free from avoidable hazards that can lead to serious injuries. One of the most effective strategies for minimizing the risk of construction accidents is by encouraging a culture of safety. Employers can achieve this by conducting regular inspections, addressing potential dangers proactively, and providing workers with proper protective equipment.
Most Common Injuries Resulting from Accidents on Construction Sites
Construction workers who are around dangerous and heavy machinery daily are prone to various injuries that can range from minor cuts and bruises to life-threatening conditions that may result in permanent disabilities or even fatalities. The injuries an individual may suffer in a construction site accident will depend on factors such as the type of accident that caused them, the amount of force involved in a collision, and whether the worker falls to the ground during the accident.
Construction workers can suffer from various types of injuries on the job, including:
- Traumatic head and brain injuries
- Spinal cord injuries
- Lacerations and puncture wounds
- Eye, jaw, and teeth injuries
- Crush injuries
- Electrical burns or injuries
- Fractures and broken bones
- Internal bleeding
- Soft tissue neck and back contusions
- Hearing loss or damage
Depending on the severity of the injury, construction workers may also face amputations, nerve damage, and paralysis, among many other issues. Serious injuries often require extensive medical treatment, including surgeries, physical therapy, and ongoing follow-up care. The costs of these treatments can quickly add up over time and place significant financial strain on the injured worker and their family.
When seeking medical treatment following a construction site accident, you should follow all of the advice and recommendations of your doctors. Failing to do so may negatively affect your recovery and make it more difficult to secure compensation for your injuries. By working with a trusted work injury lawyer, you can have peace of mind knowing that your attorney is handling all aspects of your case and will fight for the best possible outcome.
The Basics of Workers’ Compensation Benefits and Claim Eligibility
If an employee suffers any illness, injury, or death while working at their job or within the scope of their employment, workers’ compensation is a no-fault insurance system that provides benefits to the injured worker or their family. These benefits typically include coverage for medical expenses related to the injury, compensation for a portion of lost earnings during recovery, disability benefits for those who suffer long-term or permanent impairments, and death and burial benefits.
To file a workers’ compensation claim, you have up to 30 days from the date of injury to report the accident to your employer. While you can verbally notify your employer of your injury, it is best to do so in writing. Failing to report the incident to your employer within the required timeframe may make it more difficult to recover benefits.
After an employee reports a work-related accident, the employer must report the injury to their workers’ compensation insurance carrier and, in many cases, to the state workers’ compensation board or agency. By accepting workers’ compensation benefits, employees typically waive their right to sue their employer for additional damages related to the injury.
However, it is essential to remember that workers’ compensation benefits only cover partial income and do not compensate for intangible losses like pain and suffering. While receiving any benefits in the immediate aftermath of an accident may seem helpful, construction accidents often result in severe injuries that can have lasting consequences on an injured worker’s quality of life.
Following a construction accident, you shouldn’t have to settle for less than what you deserve. A workplace injury attorney can explore all legal avenues and additional sources of compensation that may be available in your case.
Filing a Third-Party Negligence Claim After a Construction Accident
On a construction worksite, there are often multiple individuals and organizations who aren’t employed by the insurance company. In addition to filing a workers’ compensation claim, an injured construction worker may also have grounds for filing a third-party negligence claim against all other parties involved.
Potential third parties who can be liable for injuries and damages resulting from a construction site accident include, but are not limited to:
Negligent Contractors
General, independent, and subcontractors who fail to adhere to safety regulations, provide adequate training, supervise workers, or inspect and maintain work areas may be liable for any resulting injuries. For example, a sub-contractor who is electrocuted or harmed by faulty equipment may pursue a third-party negligence claim against the general contractor responsible for establishing the safety of a work zone.
Manufacturers of Defective Products or Equipment
Construction equipment manufacturers have a duty to ensure that their products are safe for use and free from defects that can cause injury. Some examples of defective machinery or equipment that construction workers may use include faulty brakes on a forklift, malfunctioning cranes, or broken safety mechanisms on power tools. If a construction worker suffers injuries due to a defect in a piece of machinery or equipment, they may have grounds to pursue a product liability claim against the manufacturer.
Vehicle Accidents
A common situation where third-party negligence claims arise is when an accident occurs as a result of the carelessness of a driver. For example, if a driver strikes a construction worker while driving through a road work zone and causes them to suffer a serious spinal injury, the driver’s insurance company should be responsible for any damages incurred. Similarly, suppose a worker is involved in a traffic collision while driving a company vehicle. In that case, they may file a third-party liability lawsuit against a negligent motorist who caused the crash.
Negligent Property Owners
When a construction accident results from a property owner’s failure to address hazardous conditions or warn workers of potential dangers, the injured party may have the right to file a third-party negligence claim against the owner. For instance, if a property owner fails to fix a broken railing on a scaffold and a worker falls, the owner may be liable for the worker’s injuries.
People who work for non-subscribing employers cannot get workers’ compensation but have the option to sue their employers for on-the-job injuries. Unlike workers’ compensation claims, third-party personal injury lawsuits require the injured construction worker to establish various legal elements of proof. This often calls for an in-depth investigation of the accident, including gathering witness statements, reviewing safety protocols, and examining the scene for any contributing factors.
Determining who is responsible and how to proceed can get complicated. With guidance from a skilled work injury attorney, you can focus on your recovery and feel confident that your case is in capable hands.
Proving Negligence in a Construction Site Injury Case
To file a workers’ compensation claim, you must prove that your injury happened while carrying out your work responsibilities. To support your claim, you will need to collect evidence such as the accident report, witness statements from coworkers or bystanders, and photographs of the accident scene or your injuries. This evidence should substantiate your claim and recover the benefits you’re entitled to.
However, if you decide to seek reimbursement for your injuries by filing a personal injury lawsuit, your construction accident attorney will need to prove the following four key elements to establish the negligence and liability of third parties.
- Duty of Care: The first step in proving negligence is demonstrating that the other party (i.e., the property owner, contractor, subcontractor, etc.) owed you a legal duty of care. For example, a property owner has a duty to provide proper signage or barriers to warn workers of any dangerous conditions.
- Breach of Duty: Your construction accident lawyer must establish that the responsible party deviated from or breached their duty of reasonable care. If a contractor neglected to provide proper safety harnesses and a construction worker fell from a scaffold, this may be considered a breach of duty.
- Causation: For this element, your attorney must prove that the accident occurred as a direct result of the other party’s negligence. Proving causation may involve gathering evidence, such as eyewitness testimony or accident reports, to demonstrate a clear link between the other party’s negligence and your injuries.
- Damages: The final element in proving negligence involves demonstrating that you suffered physical injuries and other accident-related losses as a result of the construction accident. This can include costs for medical treatment, any income lost during recovery, and compensation for pain and suffering caused by the accident.
If a worker who is covered by workers’ compensation dies in a fatal accident, the surviving spouse and dependent family members may pursue benefits for losses such as funeral and burial expenses or lost future income by filing a wrongful death claim. A construction accident attorney can assess your situation, explain your legal options, and determine the type of claim you may be eligible to file.
Contact a Skilled Construction Accident Lawyers for Help with Your Case Today
As a construction worker injured on the job, you have options, and whether you decide to file a workers’ compensation claim, lawsuit, or both, a skilled construction accident attorney can give you the best chance of acquiring the full compensation you deserve.
While you focus on recovering from your injuries, your lawyer can aggressively advocate for your legal rights, introduce evidence on your behalf, and maximize the financial recovery you receive for your injuries.
After suffering serious injuries at work on a construction site, time is of the essence. Don’t wait to seek professional legal advice. Schedule your complimentary case evaluation today.
