Construction Injury Overview
Construction sites are full of potential dangers. From heavy machinery to towering heights, the risks are everywhere. Many injured workers are faced with medical bills and other expenses. In these cases, workers may file workers' compensation claims or personal injury claims. Understanding construction accidents can help protect workers and their rights.
Construction work can be dangerous. This is true regardless of the size of the project. Construction workers deal with some of the most dangerous working conditions every day. This is backed up by the Bureau of Labor Statistics (BLS). According to the BLS, in 2021, nearly one in five workplace deaths occurred in the construction industry. Construction site injuries occur with unfortunate frequency. Job safety programs aim to reduce construction site accidents and promote safety awareness.
This section provides a brief overview of construction accident injuries.
Construction Accidents are Common
The construction industry is full of hazards. Workers may suffer serious injury or even wrongful death in the most serious cases. Across the United States, construction injuries are common. Despite these efforts, accidents occur because of the nature of the work. There are a variety of possible hazards faced by construction workers.
Many construction workers sustain injuries, including:
- Traumatic brain injuries
- Health hazards resulting from exposure to asbestos and chemicals
- Injuries caused by defective or unreasonably unsafe equipment
- Heat exhaustion or heat stroke due to extreme weather conditions
- Lifting and repetitive motion injuries
Defective products cause many injuries. Moving or falling machinery can also cause major injuries. Many construction workers also work near roadways. Working near roadways can be extremely dangerous. It can expose workers to car accidents.
Even construction site visitors who aren't working for the main construction company can also become victims. If you're a visitor who has been injured, you might have a premises liability claim. For more information, please visit FindLaw's Premises Liability page.
Injured workers have to fight for their rights. They might have to deal with insurance companies. They might also need to hire a personal injury or construction accident lawyer to help.
Construction Accidents Can Be Complex
A construction accident is never a simple matter. From the workers' comp claim to a potential third-party claim, there are many moving parts. Injured workers might have to deal with the construction company's workers' compensation insurance, or they might have to make a liability claim against another party. A personal injury attorney can help navigate through these complex issues.
If you've been injured, you should consider meeting with a skilled construction attorney to discuss the situation. Issues in your potential case all require that an attorney handle your claim. This attorney should be experienced in the area of construction accident liability. This includes compliance with occupational and site safety standards and regulations. They might also have knowledge of engineering issues, liability, and indemnity determinations.
It also helps to become more familiar with these terms and concepts to become a better advocate for yourself. This section and the related articles are a great place to start.
OSHA Safety Regulations
Most states have adopted safety regulations. Most states adopted these laws under the Occupational Safety and Health Act of 1970. These regulations apply to work done at construction sites. They are overseen by the Occupational Safety and Health Administration (OSHA). OSHA aims to prevent workplace accidents and protect workers. Yet, violations of these regulations can lead to workplace injury or even fatalities. In such instances, a personal injury lawsuit may be necessary.
OSHA sets safety regulations to protect workers on construction sites. These rules cover everything from the use of protective equipment to procedures for handling hazardous materials. After a construction site accident, it's important to understand how these regulations might impact your legal claim.
The responsibility for compliance with OSHA turns on who controls the job site or activity. They must have been in control when the injured employee was hurt. The legal effect of a violation of OSHA varies. It depends on the state where the construction injury occurred. In some states, nothing more must be proven to establish the liable party was negligent.
If a construction company or subcontractor failed to follow OSHA regulations, this could be strong evidence of negligence. Demonstrating negligence is a key part of a personal injury claim. Violations of safety standards can amount to negligence. The involvement of OSHA can be helpful after an accident for this reason. They often conduct investigations into serious accidents. Their findings can be crucial in your legal claim.
OSHA regulations are not the only legal standards to which a property owner, general contractor, or sub-contractor may be held. The property owner or general contractor may have their own set of safety rules. These rules might either be generally applicable or specific to the construction project. These rules are designed to protect those performing work on the project. Violations of these regulations may serve to support a claim for a construction accident.
What To Do After a Construction Accident Injury
If you have been injured as a result of an accident at a construction site, there are a number of things you can do to protect yourself and your legal rights:
- Seek immediate medical attention for your injuries.
- Report the injury to your employer. You might also report the injury to your construction site manager. Note the name and position of the person notified.
- Get the names and contact information of anyone who may have witnessed the accident.
- If possible, try to preserve any evidence related to your injury by taking photographs of the area and the injuries themselves.
- Consider your legal options. You might be eligible for workers' compensation benefits. These benefits can cover your medical expenses and lost wages
- If your injury was caused by someone else or a defective product, you may need to file a personal injury claim.
- A construction worker can suffer injuries not only from the risks of the construction site but also from car accidents while working near roadways. If you get in a car accident, you should view FindLaw's After a Car Accident page for more information.
Get an Attorney To Review Your Construction Injury Claim
Dealing with a construction accident can be overwhelming. Work-related injuries might be subject to workers' comp benefits. It's important to get legal advice from a construction accident attorney who knows the workers' compensation law. They can help with everything from filing a workers' compensation claim to potentially pursuing a personal injury case. With their assistance, injured workers and their family members can focus on recovery and navigate the legal complexities more easily.
Attorneys can help with construction accident cases. They can also help with workers' compensation cases and product liability. A personal injury lawyer skilled in personal injury law can help with these cases. Injured construction workers should definitely consider getting an attorney who can help them.
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