Construction sites are dangerous places. Building construction and road construction have always been higher-risk occupations. Visitors to these sites are also at risk whenever they enter a construction area. This is one of the reasons that so much safety equipment is necessary when you enter or work in a construction zone.
Sadly, OSHA (Occupational Safety and Health Administration) states that of the top ten most common safety violations they discover on job sites, construction companies often rank as having the most safety issues.
Construction site accidents are often life-changing events. The use of heavy equipment, working at heights, and having many different activities taking place in one area makes these areas more dangerous than other work areas. When an accident does occur, it usually results in serious or multiple injuries.
Construction accidents are covered by federal and state laws. The best way to navigate these laws and protect the rights of the injury victim is to use the services of a construction accident attorney.
The Most Common Construction Accidents
According to OSHA, the following accidents are the most common to occur on a construction site;
- Struck by an object (Either falling objects or moving objects)
- Stuck between or pinned by an object
Sadly, construction accidents are not limited to just these types of accidents. Any type of accident can occur in these areas. Sadly, most construction accidents lead to serious injuries for the workers.
The Most Common Types Of Construction Accident Cases
Construction accidents generally fall into the following lawsuit categories:
- Work-related injury (workers compensation) – Any injury that occurs to someone working on a construction site will fall under the worker’s compensation category.
- Personal injury – A personal injury claim would apply, in most cases, to any person that was visiting a construction site or was injured due to construction activity. If an employee is seeking a personal injury claim, they would have to show that a third-party, not their employer, was responsible for the injuries they received.
- Product liability – If a mechanical failure caused the injury, your attorney might file a product liability case on behalf of the injured party. This only applies if the equipment was the cause of the injury.
- Wrongful death – If your loved one lost their life in a construction accident, whether as an employee or as a result of construction activity, your lawyer will file a wrongful death lawsuit against the responsible party.
Who Can Be Held Responsible For Construction Accidents?
Construction accidents can be very complex in establishing fault. When the injury is a work-related injury, it is generally covered by worker’s compensation. However, this does not mean that there was not a third-party that may also be held responsible for the accident or injury.
Other parties that may be held responsible for a construction accident include:
The property owner may be considered liable if they have a significant amount of interaction with the construction taking place on their property.
General Contractors and Sub-Contractors
Under OSHA guidelines, general and sub-contractors have a duty to make sure that the work areas in a construction site are maintained so that everyone is safe. This includes making sure safety equipment is available and in use at all times. Failure to have good working conditions may make them liable for any accidents that occur.
If a person is harmed by a defective product while working at a construction site, the manufacturer of that product may be held liable under a defective product lawsuit.
What To Do If You Have Been Injured In A Construction Accident
If you have been involved in a construction accident, you are encouraged to use the following information to help secure your right to claim compensation.
File A Report
The first thing that you want to do is have an official accident report filed with the management of the property. This report will document everything that happened and will most likely include witness information. Make sure that when you are providing your information that you refrain from saying anything that could possibly be seen as admitting fault. Even saying something like “I should have seen that coming” could have a negative impact on your case.
Get Medical Care
You will want to get immediate medical care for your injuries. Even if you think the injuries are minor, you will want to have a medical exam done immediately. Many injuries, including serious ones like concussions and injuries to your internal organs, are hard to detect at the scene of the accident.
Contact an Attorney
You will need legal representation when you have been injured in a construction accident. Regardless if it is a worker’s compensation or a personal injury claim, it is best to protect your rights as early as possible by hiring an attorney.
Follow Through On All Medical Care
It is imperative that you do not miss any doctor’s appointments or fail to follow through on prescribed care. Missing appointments and not following doctors’ orders indicates to the insurance company that you are no longer in need of medical care. If you disagree with the course of treatment you are receiving, contact your attorney. Your lawyer can arrange for you to have a second opinion.
Limit Social Media Use
You will want to limit social media use as much as possible after your accident. At a time when social media plays such a large part in our everyday lives, this may seem hard to do, but it is necessary. The insurance company covering the accident will monitor your accounts.
Avoid putting details about the accident, your injury, or anything that you have discussed with your attorney on social media. Avoid putting updates about your health or about places you may go to in your feed. You will also want to avoid placing any new pictures of yourself on social media until the case is over.
You should also avoid posting statements that are blaming the other party or are derogatory towards your employer or anyone else named in your lawsuits. The insurance companies will view you as hostile, and this can have a significant impact on your case.
Consult With An Attorney Today
There is no reason to wait to protect your rights when you have been injured in a construction accident. Schedule a free consultation today with South Florida’s most trusted construction accident attorney.