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Construction sites can be hazardous environments, and accidents can occur due to various factors. Many things happen simultaneously, such as workers using heavy equipment and machinery in an unstable environment. Numerous entities may be working at the same job site, and some may cut corners whenever possible to maximize their profits.
It is no wonder that construction work is one of the most dangerous professions in the United States. Statistics released every year detail the number of injuries that construction workers suffer. Roughly one in every 100 construction workers will suffer an injury each year that requires them to miss time from work. Many of these injuries are severe and may keep an employee from working for a considerable amount of time, if they can work again at all. Each year, there are more than 1,000 people who lose their lives in construction accidents.
If you or a loved one has suffered an injury in a construction accident, you can file a lawsuit against the responsible party. Whether you can sue depends on the facts and circumstances of your situation and who was to blame for your injury. Contact a construction accident attorney to learn more about your legal rights and whether you have a possible lawsuit to recover your damages.
Seeking legal guidance following a construction accident is crucial for several reasons. An attorney experienced in construction accident cases can investigate the incident, gather evidence, and identify responsible parties. They can also assess the full extent of the injuries and damages suffered, ensuring that victims receive the compensation they deserve. Furthermore, an attorney has experience with workers’ compensation laws and can help workers understand their rights and options for seeking justice.
Here are some of the common causes of construction accident injuries.
Falls
Falls cause a significant number of injuries from construction accidents, where nearly 40 percent of construction accident fatalities result from falls. Accordingly, falls are the foremost cause of death among the “fatal four” accidents on a construction job site.
Construction employees are often working many stories in the air on the job. They may stand high atop scaffolding, work to build a high floor in a building, or climb a ladder to reach a higher point. The scaffolding may have defects, or the structure may not be stable.
In addition, a construction worker can suffer an injury in a more “standard” slip and fall accident from debris on the ground or machinery in someone’s path. Even a fall that is not from height can cause serious injuries.
Caught-Between
Unfortunately, it is far too common for construction workers to become trapped between two objects while on the job, such as getting stuck between a piece of heavy machinery and a wall. Alternatively, the worker may suffer an injury when a structure or the ground collapses and they are caught under equipment or dirt for an extended period.
Caught between accidents are very dangerous because they can cause crush injuries. Even if someone rescues you in enough time to prevent death or further injury, you can develop crush syndrome from your injuries. Crush accidents can lead to amputation or even death because toxins are released into your body that can cause sudden kidney failure.
Electrocution
Construction workers face risks of electrocution in several ways at a job site:
- They may strike buried power lines that the construction site should have marked off before workers began digging or working underground.
- When they are on a ladder or working in a lift, they may encounter low-hanging power lines.
- They may trip over a wire running on the ground and carrying electricity.
- A piece of work machinery may malfunction when the worker is operating it.
Electrocution is a severe injury that causes critical burns and even death. One may suffer permanent nerve damage from these injuries that can cost them the use of a limb.
Struck By
Struck by accidents occur when you are hit by a swinging or flying object on a job site. Between the heavy machinery and debris that may be flying at a job site, there is a possibility that you may get hit. Struck by accidents are particularly dangerous because objects may pick up momentum when they fall from a height. Debris may fall or get thrown from an upper story of a building and strike workers on the ground, causing severe injuries.
Vehicular-related accidents are another common cause of struck by injuries. In fact, roughly half of struck-by-accident fatalities at a job site occur when there is a vehicle involved in the accident.
Motor Vehicle Accidents
Construction workers may have to drive for their jobs. In addition, numerous heavy vehicles are at or near a job site. A heavy truck may run over a construction worker while at work, or they can crash with one of these vehicles when they enter the job site in their own car. A construction worker may suffer an injury on the job in an accident with a third party when they are driving one of these vehicles.
Defective Work Equipment
Construction workers have to use heavy and complex machinery practically every day on the job. Standard heavy work equipment includes bulldozers, forklifts, and jackhammers, and manufacturers must properly design these pieces of machinery. In addition, the manufacturer must alert users to any dangers in their product that they knew or should have known.
Common defects in construction equipment include:
- Faulty electrical systems
- Missing or improperly functioning safety guards
- Lack of a center of gravity on the machinery, causing a tip-over
- Warning signals that do not work
- Corroded materials
If you suffered an injury from defective work equipment, you can file a product liability lawsuit against anyone in the stream of commerce.
Exposure to Toxic Substances
Construction workers are routinely around dangerous chemicals, such as corrosive acids. Coming into contact with these substances can cause burning and severe injuries to the skin. In addition, exposure to toxic substances can also cause serious illness. The party responsible for exposing you to this chemical (assuming it was not your employer) may be liable for injuries you have suffered. You can also sue the manufacturer or seller of the chemical if defects were the reason why you suffered an injury.
Fires and Explosions
Numerous hazardous substances are on a construction job site. They are volatile and flammable, and they can catch fire at any given notice. Then, the fire can grow severe or deadly because of other flammable substances on the job site. There may be other chemicals that can explode at any time if there is even one sudden spark. Fires and explosions can cause serious burns and potentially amputations.
Filing a Third-Party Lawsuit for Construction Injuries
Under most circumstances, you cannot sue your employer for a personal injury you have suffered on the job. Because your employer has purchased workers’ compensation insurance coverage, they are almost always immune from negligence-based lawsuits. There are very few exceptions to this principle. However, you can file a lawsuit against a third party who was not your employer. These people and entities owe you a duty of care, and they have no other legal relationship with you that will give you immunity from a lawsuit.
In reality, you always want to see whether you have a potential third-party lawsuit because it can result in more financial compensation if you win your case. A workers’ compensation claim only pays you part of your lost earnings, and you cannot recover any non-economic damages associated with your injuries. In a successful personal injury claim, you will receive your entire lost earnings and the non-economic damages you have suffered. If you do not win your personal injury lawsuit, you can continue to receive workers’ compensation benefits because the system is not fault-based.
Responsible Third Parties in a Construction Accident Case
Your construction accident attorney will review your case to determine whether there are any possible third parties who you can sue. There is a chance that more than one party was to blame for your accident, and they can each be accountable.
Potentially responsible third parties may include:
- Other contractors or subcontractors who were present at the job site
- Manufacturers of defective construction equipment that injured you
- The owner of the job site on which you were working
- Someone who was in a motor vehicle accident with you on or near the job site
- The electric company when they did not correctly mark or bury utilities
- Architects or engineers responsible for defective designs
How to Win a Construction Accident Lawsuit
You must prove that a third party was negligent in receiving financial compensation for your construction accident injuries. Here, the third party must have owed you a duty of care and done something unreasonable under the circumstances. You must carry your own burden of proof in a personal injury lawsuit, proving that your facts are more likely than not to have occurred. You meet this burden of proof by presenting evidence that backs up your contentions. If you do not gather sufficient evidence in your case, you cannot receive compensation for your injuries.
If you file a product liability lawsuit when the work equipment malfunctions, you must prove that the machinery had a design, manufacturing, or marketing defect. Then, anyone who was part of the process of making or selling the product can be strictly liable for whatever damage has been caused. In a product liability lawsuit, you can still recover financial compensation if someone else was negligent or breached any of the law’s implied warranties.
Damages in a Construction Accident Lawsuit
Never assume that you do not have a potential lawsuit for your construction accident injuries. Always consult with a construction accident attorney to allow them to assess the facts of your case. If you can prove that a third party was negligent and caused your construction accident injuries, you may have the legal right to the following in compensation:
- Medical expenses
- Lost earnings
- Pain and suffering
- Loss of enjoyment of life
- Scarring and disfigurement
- Embarrassment and humiliation
- Emotional distress
If your loved one died in a construction accident, your family may have the legal right to wrongful death damages when you can prove that a third party was negligent.
Construction accident compensation can be considerable. You are also dealing with a company that likely has an extensive insurance policy and a significant amount of assets available to them to pay your damages.
How a Construction Accident Attorney Can Help You
If you have suffered an injury on a job site, contact a construction accident attorney today. Your construction accident lawyer can do the following for your case:
- Investigate your accident and help you determine whether there is any third-party defendant who you can sue.
- Gather evidence proving that someone else should be held liable for your injuries.
- Quantify the damages you have suffered to determine the amount to seek in a lawsuit.
- Draft the lawsuit complaint and file it on your behalf in court.
- Represent you throughout the lawsuit process, obtaining further evidence to help your case in the discovery process.
- Negotiate a potential settlement with the defendant in your case.
- Litigate your case in court if your lawsuit is a rare case that actually reaches a jury.
One of the most common misconceptions about hiring an attorney is that it will be costly. However, when it comes to construction accident cases, most attorneys work on a contingency fee basis. This means they only get paid if they successfully recover your compensation. You will not have to pay anything upfront, which can be a relief when dealing with an accident’s financial aftermath.
When you find yourself in the aftermath of a construction accident, seeking the help of a construction accident attorney is crucial. They can provide you with the experience and support needed to handle the legalities, effectively communicate with insurance companies, and fight for the compensation you deserve. Do not face the aftermath of a construction accident alone – consult with a knowledgeable Seattle personal injury lawyer to protect your rights and secure the best possible outcome for your case.
