Despite OSHA standards and improved equipment, hundreds of construction workers die every year from falls in the United States. According to the Center for Construction Research and Training, there were over 450 deaths in 2007 as a result of construction site falls. Falling, even from short distances, can leave a person with debilitating injuries that could last the rest of his life.
How Elevated Fall Injuries Occur
When a fall happens, negligence is almost always a factor in one way or another. A fall can happen when workers, particularly roofing workers, do not tie themselves onto a tether or when loose debris causes them to lose footing. In other cases, scaffolding may have been placed on an uneven surface which could cause the structure to become unbalanced and topple over.
In some situations, a third party may have been involved in a fall injury. For example, if a piece of safety equipment was poorly manufactured, like a ladder harness, this could lead to serious injury or death for the worker who was trying to use it. It is important to understand who is responsible for an injury before trying to seek compensation.
The Role of a Construction Injury Lawyer
The layers of complication in a construction injury case are immense. The first question is whether the injury was the employer’s responsibility or if a third party was involved.
If the fall occurred while the injured victim was at work, the worker probably will have to file a workers’ compensation claim, which would pay the worker regardless of fault.
On the other hand, if a third party was involved in the injury, the worker could pursue a personal injury lawsuit against the third party. Such a claim would happen outside of the workers’ compensation system which may make the process more time consuming and complex. Such a case also offers the potential for increased compensation if the injured victim is able to prove fault and the defendant has deep pockets or insurance.
An experienced construction injury lawyer will have the knowledge and experience to deal with issues as they arise, and navigate the complexities of your case. Regardless of who is at fault, a construction injury lawyer will attempt to help you secure compensation and answer any important questions you might have.
If you were injured in a construction accident in New York, please contact an experienced construction accident attorney near you for a free claim evaluation.