Construction accidents can injure construction workers, bystanders, and visitors. Construction sites must be in compliance with the Occupational Health and Safety Act (OSHA) as well as any state and local safety regulations. Employers and others in charge of construction have a duty to maintain a safe environment. Injured construction workers may be able to receive compensation through Workers’ Compensation, a lawsuit, or both, depending on the circumstances. Visitors and bystanders may be able to recover under premises liability or product liability.
Injured Construction Workers
Injured workers may be eligible for Workers’ Compensation benefits. In order to be eligible you must be an employee. However, construction workers are often independent contractors not employees. Workers’ Compensation will pay for medical expenses and up to two-thirds of your lost wages. A Workers’ Compensation claim is an insurance claim and you do not have to prove fault to receive benefits, but some employers and insurance companies will try to deny you claim or pay less than you are entitled to.
If you qualify for Workers’ Compensation you typically cannot sue your employer, but you may still have a third party lawsuit against another responsible party such as the manufacturer of defective equipment.
Construction workers who are not employees may be able to recover compensation by suing the person or company they were working for if negligence, such as failure to comply with OSHA, was involved.
Responsible Parties in Construction Accidents
Responsible parties in construction accidents can include:
- General contractor
- Construction site owner
- Subcontractors
- Prime contractors
- Equipment manufacturer or seller
- Tool manufacturer or seller
- Materials supplier
- Inspector
- Architect
- Engineer
Causes of Construction Accidents
The cause of your construction accident will point to the responsible party, so it is very important that your construction accident attorney conduct a thorough investigation. Common causes of construction accidents include:
- Defective tools or equipment
- Inadequately maintained tools or equipment
- Faulty scaffolding
- Messy jobsite
- Faulty materials
- Poor communication between workers
- Lack of safety equipment
- Falling objects
- Inadequate safety policies or enforcement
Types of Construction Accidents
Common construction accidents include:
- Falls from scaffolding or high places
- Heavy equipment accidents
- Accidents involving power or air tools
- Electrocution
- Fires and explosions
- Toxic exposure
- Hit by falling objects
- Welding accidents
Construction Accident Victims
The majority of construction accident victims are construction workers, but anyone who enters the site can be injured and even those who are nearby may be injured if there is an explosion or building collapse. Examples of potential construction accident victims include:
- Constructions workers
- Bystanders
- Visitors
- Pedestrians
- Delivery persons
- Inspectors