Construction Accident Law
Employees working in the field of construction face work related dangers on a daily basis. Construction work presents numerous dangers, and even when employers take the effort to make a site as safe as possible, accidents can still occur. Even worse, many construction accidents are severe, involving falls from great heights, being hit by falling objects, crushed between things, and electrocutions. These types of accidents can often lead to the death of the individual. Because of the nature of the work, construction work tends to have one of the highest accident rates out of any industry in the United States.
Care must be taken in order to limit the number of construction site accidents. When the proper precautions are not taken, and accidents occur, personal injury lawsuits are often used to compensate injured individuals. Laws administered by the Occupational Safety and Health Administration (OSHA) serve to set in place safety standards that employers are meant to uphold. When the proper safety precautions are not taken, employers can become liable to their employees and others for injuries that result.
Laws impacting injured construction workers
Workers’ compensation programs are governed by the states. Construction workers will typically fall under the umbrella of workers’ compensation claims. If a worker is injured at work, then workers’ compensation is likely to be the only option available to seek compensation from the employer, as workers’ compensation prevents employees from filing a claim against their employers in the event of an injury. Instead, the worker would be limited to what the state’s workers’ compensation policy covers, usually the cost of medical care and some wage replacement during the time the injured worker cannot work as a result of the injury. While the benefits under workers’ compensation are limited, the injured worker’s claim is easier to make because it does not require that the employer was negligent, and in fact, a claimant who carelessly caused his or her own injury would still be able to collect workers’ compensation.
Even in cases where an injured employee is required to use the workers’ compensation system, this will not bar him or her from filing lawsuits against someone other than his or her employer. What this means is that if the injury was partially caused by a malfunctioning piece of equipment, or a negligent third party, then the employee would have the ability to file a claim against a manufacturer or that negligent third party in court for negligence and have the possibility of recovering higher damages than what would be provided in the workers’ compensation claim alone.
When a non-worker is injured
Sometimes the dangers of construction sites extend to individuals passing by the site, such as pedestrians or motorists in the vicinity of the site who are injured by falling objects or unsecured equipment. In these events, the injured party will not be limited in the type of claim they may file. If the site has dangers that are not clearly marked, or the contractor has not taken necessary safety precautions, then there will likely be grounds for a negligence claim. The laws governing these claims will vary by state. Sometimes if a contractor violates a safety precaution that is mandated, then automatic liability will result. In other states a failure to take a required safety precaution or to take those precautions that other reasonable contractors would take in similar situations, then that failure may be used as evidence against the contractor in the negligence claim.
The legal issues regarding construction injuries can be complicated and will vary depending on the state the accident took place in. If you were involved in a construction related accident, you should contact an attorney to discuss what your options are for pursuing a claim and seeking the compensation that you require and that you are entitled to.
Contact Stern Law, PLLC for A Free Consultation
At Stern Law, PLLC, we have compassionate and caring attorneys ready to work with you in order to find the best strategy for seeking compensation for your construction related injuries. Contact Stern Law, PLLC today at (844) 808-7529 for a free consolation with an experienced attorney.
