What to Do in the Event of a Construction Accident
Construction can be serious business. Many accidents can happen while construction is going on, whether that’s the building an apartment complex or the paving of a road. Construction workers are prone to getting into accidents due to the dangerous working conditions it entails.
In 2013, over 20% of 3,929 worker deaths were due to construction falls, electrocution, getting hit by a large object, or getting caught between things, according to the Occupational Safety and Health Administration (OSHA). Construction entails many dangerous activities that may cause a worker to get injured such as:
- Climbing on ladders
- Ascending scaffolding
- Demolishing buildings
- And other activities
OSHA also has rules and regulations for employers in order to ensure that workers will be free from hazards in the workplace. Additionally, OSHA mandates a good hazard communication program and that work tools are well maintained and safe for workers to use. Employers are also required to provide proper safety equipment to all workers, such as helmets and safety glasses.
Who Is Liable in the Event of a Construction Accident?
Construction accident claims are very complex. If you get hurt working in a construction setting, your case will involve issues with liability, indemnity, and you will have to prove that there were not enough safety measures taken on site. It is possible that a construction accident could have more than one party responsible. Liable parties can include the worker himself, the owner of the development, the project developer, the engineer, contractors, or equipment suppliers.
In construction, it is common for the general contractor to have subcontractors. With this chain, safety communication might get lost. In most cases, the general contractor still bears responsibility for any accidents that may happen on site, regardless of whether a subcontractor was the person injured or not.
In cases of construction accidents, the employee, whether hired by a contractor or a subcontractor, may be able to recover compensation for damages and injuries. The degree of control over the construction site and the status of the person who is injured are taken into consideration when trying to figure out who is to blame for the construction accident.
Some states consider negligence to be a violation of OSHA’s regulations. In cases where a violation can be proven, the plaintiff will not need to prove anything else and is automatically awarded compensation. If there is a violation of safety rules by the owner or general contractor of the development, this is also an automatic win for the plaintiff.
Dangers of Construction Sites
As mentioned before, construction sites are dangerous by nature and many dangerous activities happen on a daily basis on these premises. Accidents sometimes happen without notice, and some can be very serious. Also, victims of construction site accidents can incur extraordinary medical expenses, as the injuries that result will require treatment, rehabilitation, medication, etc. Beyond this, there is also physical pain, emotional distress, and loss of income that can be suffered.
Those who fall victims to preventable construction accidents and become injured may be able to get compensation for their damages, especially if it can be proven that the accident was due to the negligent behavior of a developer, owner, or general contractor. Compensation often includes reimbursement of previous and payment of future medical bills, as well as compensation for pain and suffering, future loss of wages, and more. In these cases, seek the help of a qualified attorney to learn whether your case is worth pursuing and to what extent you might be able to get compensation for your losses.