Accidents that happen at a construction site are never simple issues. These accidents can involve federal and state laws and multiple responsible parties. To navigate a personal injury claim from a construction accident, it will always be beneficial to have legal assistance from a construction accident lawyer.
Four Types of Construction Accidents
The type of construction site accident claim you make will be based on why you were at the location. Accidents to employees, contractors, or other visitors will all be managed differently.
Workers’ Compensation or Work-Related Injuries
Workers’ compensation will automatically cover your injury if you are injured while working at a construction site. This program is designed to pay for your medical care and some of your lost wages during your recovery period.
While the program was designed to be very straightforward, the insurance companies often make the claims process difficult. Too often, workers are pushed back to work before they recover fully from their injury, and some benefits they were entitled to receive were “forgotten.”
It will always be in your best interest to speak with a personal injury attorney when you have been injured at work at a construction site. In addition to helping you navigate the worker’s comp system, your attorney can file a third-party liability action if necessary.
A third-party liability action happens when you are injured at work due to faulty or defective equipment.
Personal Injury
Any person invited onto the construction site who is not an employee or injured has the right to seek compensation for a personal injury.
Invitees would include vendors, sales reps, investors, inspectors, and people conducting personal business at the site.
Product Liability
If faulty equipment, supplies, or products used on the construction site were the cause of your injury, you could file a third-party liability suit against the manufacturer of that product. This would be in addition to your worker’s comp or personal injury claim.
Wrongful Death
If a personal injury on a construction site leads to the victim’s death, surviving family members can file a wrongful death lawsuit against the construction site. Additionally, if a defective product caused the death, your attorney may seek third-party liability compensation for your loss.
Common Construction Site Accidents
Construction sites are inherently dangerous. Because of this, the Occupational Health and Safety Administration (OSHA) has many regulations to protect employees and visitors to a construction site.
OSHA requires all construction site operators to provide safety programs to educate and protect their workers. This includes enforcing safety equipment, holding safety meetings, and using permits for handling dangerous materials.
Additionally, OSHA requires that construction site operators conduct regular inspections of equipment, supplies, and the physical site to ensure they are safe to use.
Common accidents that occur on a construction site include:
- Car accidents
- Truck accidents
- Heavy machinery accidents
- Falling from a height over 6 feet
- Slip and fall at ground level
- The impact from falling objects or being pinned beneath the fallen object
- Structure collapse
- Scaffolding collapse
- Crane accidents
- Rigging accidentsWelding burns or compressed gas injuries
- Chemical burns
- Burns from explosions or fires
- Electrical burns or electrocution
- Exposure to dangerous substances, including asbestos and silica
- Equipment failure injuries
These are not the only accidents that can occur on a construction site. If you have been injured while working or visiting a construction site, speak with a construction site injury attorney.
Who Is Liable For A Construction Site Accident?
Construction site accidents can be challenging when it comes to establishing fault. YOu will need to have a qualified attorney investigate the accident and determine the responsible parties. In some cases, multiple parties may be found responsible for the accident.
Site Owner
In most cases, the property or site owner has little responsibility for any accidents that occur during construction. Your lawyer will determine how involved the site owner was with the property and the construction of the building to determine if fault can be applied.
Contractors and Subcontractors
Contractors and their subcontractors must abide by all OSHA operating regulations. Failure to provide a safe working environment or follow safety protocol can be held liable for any accidents at the site.
Architects, Designers, and Engineers
It is unusual for any of these professions to be held liable for a construction accident. However, if it can be shown that their design was flawed, which led to the accident, such as structure collapse, they can be held liable.
Manufacturers and Supply Chains
Defective equipment or supplies can cause harm to anyone. If a defective product injured you, the manufacturer could be liable for the injuries. Additionally, anyone within the supply chain who knew of the product’s potential danger can be held liable.
What To Do After A Construction Site Accident
Your steps right after an accident can impact your ability to file a compensation claim. If you have been injured at a construction site, you are encouraged to do the following:
File An Official Accident Report
It is crucial to file an accident report when you have been injured. If your injury is too severe to complete the report on-site, ensure that you complete one as soon as your injuries are stabilized.
Seek Medical Care
Never assume that your injury is minor or that you are just “dumbed and bruised.” Your health should never be placed at risk. Have a medical professional check you to ensure you do not have hidden injuries like a concussion or internal bleeding.
Speak With An Attorney
Before you give an official statement to the insurance adjuster, you are encouraged to speak with an attorney. The insurance adjuster will say it cannot wait, but you are entitled to legal representation before issuing a statement.
Avoid Social Media Posts About Your Injury
You should refrain from posting anything on social media about your injury, your health, your treatments, your interactions with your doctors or lawyer, or anything negative about your employer. The insurance company will monitor your social media to find reasons to deny or devalue your claim.
Speak To A Construction Accident Lawyer Today
If you need to speak with an attorney about your construction accident injury, click the “Find a Lawyer” button, and we will connect you with attorneys in your area that can help you with your compensation claim.