Construction areas are one of the most common sites of serious accidents, posing risks to. both workers and innocent bystanders. Depending on the precise circumstances of the accident, different laws may apply.
When construction accident causes harm to an employee , workers' compensation laws will generally apply. There are, however, cases in which the worker can also obtain economic recovery from other parties who may be deemed liable. For more information on workers' compensation, please see our section on work accidents .
When an innocent bystander suffers injury as the result of a construction accident, he/she may also be eligible to recover damages by filing a personal injury claim. See our section on personal injury lawsuits to learn more about filing a personal injury claim.
Whether you're a construction worker or merely a bystander who has suffered injury as the result of a construction accident, you may be eligible to receive economic recovery for your losses and suffering . A qualified attorney can help you understand your legal rights and determine a course of action.
Common Causes of Construction Accidents
There are perhaps innumerable ways in which a person can suffer injury at a construction site. Scaffolding accidents are the most common, constituting nearly two-thirds of all construction accidents. Other common causes may include: falls, electrocution, and improperly braced trenches.
What To Do If You've Been Injured in a Construction Accident
- Report your injury to your employer or the construction site manager immediately.
- Seek medical attention for your injuries.
- Obtain the contact information of any witnesses who may have been present.
- Try to preserve as much evidence as possible. This may include taking photos of your injuries, the site where the injury occurred, and saving any tools or equipment that may have been involved.
- Keep a copy of all important documents including correspondence with doctors, attorneys, and insurance adjusters.
- Do not negotiate with any liable party(s) without first consulting an experienced attorney.
Determining Liability in Construction Accidents
Determining liability in construction accidents usually depends on a number of factors. Grand scale construction projects tend to involve a variety of individuals such as the site's landowner, contractors, material suppliers, and engineers. Smaller scale projects, on the other hand, may only involve a small group of people. Therefore, liability may ultimately depend on the size and complexity of the project.
When attempting to determine the liability for injuries sustained in a construction accident, it helps to understand each party's responsibilities at the site. In the case that a construction accident occurs, any of the following parties may bear total or partial responsibility:
- Construction Site Owner
- General and Sub-Contractors
- “Prime” Contractors
- Architects and Engineers
- Manufacturers of Construction Machinery or Equipment
The person in charge of ensuring that OSHA (Occupational Safety and Health Act) regulations are complied with may also be held liable.
Know Your Rights
If you have suffered injury as the result of a construction accident, you are responsible for proving your case against the liable party(s). This usually requires the help of a qualified attorney. It is always wise to seek competent legal counsel after a construction accident to ensure that your rights are protected, especially since a statute of limitations applies to all workers' compensation and personal injury cases. Please contact us for a FREE consultation with an experienced attorney.
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